Issue Archive · Open Access
Volume VIII – Issue III / 2025
Articles · 363
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In a world where the dead tweet, sing, and speak anew through machines, legal systems remain largely silent. This paper interrogates the growing disjunction between the persistence of digital identity and the absence of posthumous rights in law. Drawing upon foundational theories of personhood by Locke, Floridi, and Turkle, it conceptualizes the digital afterlife not as speculative fiction but as a tangible extension of the self, one encoded in memory, metadata, and machine learning. Through an interdisciplinary review of legal doctrines, jurisdictional gaps, and high-profile case studies, including AI-synthesized voices and interactive memorial avatars, the paper exposes the inadequacy of current privacy, contract, and inheritance frameworks. It argues that what endures online is not merely data, but dignity. In response, the paper proposes a normative solution: the Digital Personality Property (DPP) framework, which treats the informational identity of the deceased as both ethically significant and legally protectable. The central claim is clear our digital selves do not die with us, and it is time the law caught up.2,339 views
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Analysing the Intersection of Science, Technology and Forensic Evidence in India
Student at Symbiosis Law School, Pune, IndiaPages 18 - 30Science and technology, like law, are ever dynamic, and their integration in the realm of forensic science has become indispensable. Technological advancements help in reaching higher standards of forensic investigation and speeding up the entire process while also making it more efficient. However, the application and acceptance of these new forensic technologies has been inconsistent and underdeveloped in India. Despite legislative reforms and the introduction of the new criminal laws, the practical implementation faces significant roadblocks. This paper examines the intersection of science, technology, and forensic evidence in light of the Indian legal framework, along with a focus on the ethical dilemmas and challenges that arise. It critically analyses the implications of integrating Artificial Intelligence and other emerging technologies in forensic procedures so as to address concerns related to data integrity, privacy, and algorithmic bias. Drawing comparisons with established forensic practices in jurisdictions such as the United States, the United Kingdom, Australia, and Canada, this research highlights the gaps in India’s forensic infrastructure, including outdated technology, insufficient funding, and a lack of standardised procedures. Additionally, the paper explores the importance of public awareness and institutional support in realising the full potential of forensic science, along with training programs, international collaboration, and the development of clear ethical and legal standards to ensure that forensic evidence is both reliable and admissible.1,640 views -
State Responsibility for Corporate Conduct: A Critique of Structural Bias in International Law in Reference to the Barcelona Traction Case
Student at Jindal Global Law School, IndiaPages 31 - 38The purpose of writing this paper is to understand and analyse the complex intricacies involved in holding States accountable for the actions of State Owned Enterprises (SOE’s) and Private Trans National Corporations working directly under the garb of the concerned state due to the economic power disparity. This paper aims to delve into International Laws governing state responsibility for corporations and the elements that need to be satisfied to attribute the actions of these enterprises and corporations to a particular state and how that varies depending on the status of the State in the international order. Furthermore, it is also important to understand whether these norms of international state responsibility of corporations take into consideration the gross economic disparity between the economically stronger and economically weaker states and the consequences that has on state attribution and diplomatic protection offered to these State Owned Enterprises and Trans National Corporations working within the ambit of a particular state. We will start by critiquing the Barcelona Traction Case, arguing that it ignored the significant economic differences between Belgium and Spain, and in doing so, reinforced existing power imbalances in international law that tend to favour more economically powerful states, typically those from the Global North. Finally, the research methodology followed in this paper to substantiate the answer the questions posed above will take a legal-doctrinal approach, which aims to interpret, analyse and critique texts of international law governing state responsibility and relevant judicial precedent of Barcelona Traction.1,027 views -
In 2010, as a specialized judicial body with the urgent duty to expedite justice in environmental disputes, the NGT emerged as a beacon of hope for India's beleaguered environment. This essay examines in great detail the extent to which the NGT has fulfilled its function as an environmental guardian, celebrating its tangible successes in a number of challenging environmental issues as well as its advancement toward environmental justice on behalf of innumerable Indians. It does not, however, hold back when detailing the practical obstacles that have occasionally impeded its operations, ranging from overcoming several jurisdictional boundaries to enforcement paralysis, from a genuinely underfunded setup to resistance from far more powerful interests. The report fervently supports further practical changes to enhance the NGT's own work, including practice improvements, expanded authority, forming alliances with other environmental auditing organizations, and empowering public engagement. In the end, this study seeks to fully explain how the NGT will significantly influence India's environmental destiny and offers a plan of action to realize this promise for the complete preservation of our priceless natural heritage.1,230 views
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Beyond Preservation: The Synergistic Interplay of Legal, Managerial, and Humanistic Dimensions in Cultural Institution Governance
Student at Christ Academy Institute of Law, IndiaPages 51 - 62This research paper examines the complex interdisciplinary relationship between legal frameworks, management practices, and humanities perspectives in the governance of cultural institutions in India and globally. As custodians of cultural heritage, museums, libraries, and archives face unprecedented challenges in the digital era that require innovative leadership approaches. The paper analyzes how ethical leadership emerges through the integration of legal compliance mechanisms, effective management strategies, and humanities-based ethical frameworks. Through examination of relevant legislation including the Antiquities and Art Treasures Act and the Public Records Act, management theories on strategic planning and sustainability, and humanities perspectives on representation and narrative ethics, this research demonstrates that successful cultural institutions must develop governance models that balance preservation imperatives with public access demands. Case studies of prominent Indian institutions including the National Museum, the Indian Museum, and public-private partnerships like the Aga Khan Trust projects illustrate both successes and ongoing challenges in implementing interdisciplinary leadership approaches. The findings suggest that institutional leaders require competencies across all three domains to effectively navigate the complex ethical dilemmas inherent in cultural stewardship. The paper concludes with recommendations for developing India-specific professional standards, updating legal frameworks to address digital challenges, and implementing collaborative governance models that can strengthen cultural institutions' capacity to fulfill their missions while responding ethically to evolving societal expectations. This research contributes to the emerging scholarship on cultural leadership in the Indian context while providing practical insights for institutional governance in a rapidly changing cultural landscape.888 views -
Data Protection Framework in India: Criticism and Comments
Student at Government Law College, Mumbai, IndiaPages 63 - 69The following article examines the various deficiencies in the Digital Personal Data Protection Act, 2023. Specific attention is directed to the vacuum created for the consensual use of personal data and the transferring of such data to third parties in the said Act. The extent of the fiduciary relation between the Data Principal and the Fiduciary is liable to be corrected as this has serious repercussions on implementation of the said Act. Specific loopholes in the wording of the DPDP Act, 2023 demonstrate that the Act is insufficient to protect intentional illegal processing of personal data. In the opinion of the author, the grievance redressal mechanism has to be radically altered to ensure decentralised redressal of data leaks and violation of privacy. The article, inter alia, explores how even with the existence of consent, data privacy is likely to be exploited for commercial gain, specifically in relation to insidious marketing practices.968 views -
Domestic Violence: Legal Framework and Real-World Challenges
Assistant Professor at Motherhood University, Roorkee, IndiaPages 70 - 79Domestic violence is violence or offensive behavior that one party uses to dominate another person in any relationship. Domestic violence may be off any kind namely physical, sexual, emotional, or psychological. For example where one person uses any kind of force or violence in order to take unnecessary advantage over the other. It not only affects the victim of Domestic Violence but also affects family members, friends, co-workers, other witnesses, and the community at large. According to the National Family Health Survey (NFHS), 2019-2021, 29.3% of married Indian women between the ages of 18 and 49 have experienced domestic or sexual violence in India. That is only the number of cases reported by women; there are frequently many more that never make it to the police. According to NFHS data, 87% of married women are victims of marital violence. The National Commission for Women said that in 2020-21, it received 26,513 complaints from women, an increase of 25.09%, compared with the 20,309 complaints registered in 2019-20. The Indian legal system has formed Section 86 of the Bharatiya Nyaya Sanhita, Section 84 of Bharatiya Nyaya Sanhita states that For the purposes of section 85, cruelty means— (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. Even though the law provides for the security of women, there is a significant loophole: a lack of awareness among the victims, most of whom do not know that they have the option to approach the law. In this paper, the researchers have tried to explore the issues and challenges of stopping domestic violence in India.1,001 views -
Autonomous Systems: A Critical Analysis of Legal Liability
PhD candidate at Maharashtra National Law University, Aurangabad, Maharashtra, IndiaPages 80 - 94The proliferation of autonomous systems across critical domains—such as transportation, healthcare, finance, and defense—poses unprecedented legal and ethical challenges, particularly in assigning liability for harm. These systems, capable of independent decision-making, disrupt traditional legal doctrines built on human intent and foreseeability. This paper critically examines the inadequacies of current legal frameworks—civil, tortious, and criminal—in addressing the complex liability questions raised by autonomous technologies. Key concerns include fault attribution in ethically ambiguous scenarios, such as self-driving car accidents, algorithmic trading disruptions, and AI-driven misinformation. Through real-world examples, including the role of Facebook’s algorithm in the Myanmar crisis, the paper illustrates the growing societal impact of unregulated autonomy. Comparative analysis of regulatory approaches in the European Union, Canada, Singapore, and India highlights varied strategies in adapting to these challenges, from strict liability models to soft law frameworks. The paper evaluates controversial proposals like AI personhood and recommends a hybrid model of legal accountability—combining strict liability, fault-based principles, and mandatory insurance—to reconcile innovation with justice. It also advocates for transparency mandates and judicial mechanisms to lift the “technological veil” shielding human responsibility. The study concludes that legal systems must evolve to maintain public trust and uphold moral and legal accountability in the face of rapidly advancing autonomous technologies. Without such reforms, victims may remain uncompensated, and societal harms may proliferate unchecked.1,296 views -
Blueprints of Thought: Reimagining Creativity and Ownership in the Machine Age
Student at Amity University, Gurugram, Haryana, IndiaPages 95 - 105Algorithms now create music, pictures along with stories, impacting the concepts of authorship plus intellectual property rights. "Blueprints of Thought: Reimagining Creativity and Ownership in the Machine Age," the section, considers the philosophical besides legal changes to creativity when machines create. It studies how artificial intelligence copies what people do and questions established ideas about ownership, originality as well as worth. The section offers a different way to understand authorship, one that does not focus on people. It combines legal ideas, the study of thinking next to digital rules into a plan for future intellectual property matters. Because machines are capable of thought, the question arises: who owns an idea from code?849 views -
Cybersquatting: Issues and Challenges in Digital India
LLM Student at Rama University, IndiaPages 106 - 116Since the extent and sophistication of cyber threats have grown due to rapid technical breakthroughs, cyber security has become a crucial concern in the digital era. This study examines how cyber security is changing, highlighting the difficulties presented by new technologies like cloud computing, artificial intelligence (AI), and the Internet of Things (IoT). The report examines the most common forms of cyber attacks, such as ransom ware, phishing, and distributed denial-of-service (DDoS) assaults, emphasizing the effects they have on people, businesses, and national security. Modern defense mechanisms, like as intrusion detection systems, encryption methods, and machine learning-based threat detection models, are a major area of interest for this research. The necessity of international cooperation and standardization is emphasized by the paper’s examination of the legal and policy frameworks that control cyber security practices around the world. This study emphasizes the value of proactive cyber security tactics, user awareness, and strong infrastructure design through case studies and current incident analysis. The results show that although technology is essential for defense, human elements like behavior, training, and ethical considerations are just as important for creating a safe online environment. In the end, by providing insights into contemporary issues and suggesting tactical solutions meant to improve resilience against cyber threats, this study adds to the expanding corpus of knowledge in cyber security. The study promotes a multidisciplinary strategy that combines organizational, technological, and policy-driven initiatives to successfully reduce risks in a world that is becoming more interconnected by the day.776 views -
Pages 117 - 136This study examines employee perceptions of performance feedback within an Organizational settings in the Chennai region, focusing on its role in aligning individual goals with organisational objectives, fostering a positive work culture, and enhancing management practices. The study analyses responses from diverse demographic groups, including age, gender, qualification, and occupation, to provide a comprehensive understanding of how different segments of the workforce view performance feedback. The research does not limit itself to a particular industry but takes a cross-sectoral approach. Key findings reveal that over 70% of respondents across all demographics believe that performance feedback effectively aligns individual goals with organisational objectives. Similarly, more than 70% perceive the organisation's feedback process as structured, though many indicate it requires improvement. Despite recognizing the importance of feedback, over 40% of respondents believe it does not significantly impact the work culture, suggesting a potential disconnect between feedback processes and cultural benefits. The research also shows that a substantial portion of respondents agrees that managers actively utilise feedback to improve their management practices. However, the overall effectiveness of the feedback process is rated between 3 and 5 on a scale, indicating moderate effectiveness with significant room for enhancement. These insights highlight the need for organisations to refine their feedback mechanisms, ensuring feedback is constructive, actionable, and deeply integrated into the organisational culture. Addressing these areas can enhance the overall effectiveness of performance feedback, driving meaningful improvements in strategic alignment, employee satisfaction, and organisational performance. This study underscores the critical role of effective performance feedback in organisational success and provides a foundation for future efforts to optimise feedback processes.694 views
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Pages 137 - 148AI is a creative force that has profoundly altered the creation of artistic works, it has brought up important legal issues regarding authorship and copyright protection. Legal issues arise when artificial intelligence systems produce works in an autonomous or semi-autonomous manner since authorship has historically been defined by the Indian Copyright Act of 1957 in terms of human creators. The issues of integrating AI-generated works within the current framework of the Indian Copyright Act are examined in this research, specifically with regard to authorship, ownership, and intellectual property protection in such works. Given that the Act's authorship requirements are predicated on human creativity and originality, the article examines the legal gaps that arise from AI's involvement in the creative process through an analysis of the current Act provisions. It also recommends changes to the Copyright Act to meet these concerns and examines the ethical and legal ramifications of giving authorship to non-human artists. The study looks at other countries' approaches to the problem of AI-generated works, such as the US and the EU, using comparative international views. The paper emphasizes the likely necessity of a legal reexamination of authorship and the potential acceptance of artificial intelligence as a valid creator in accordance with copyright requirements. The study ultimately promotes more complex copyright regulations that guarantee the rights and safeguards of human artists' creations, thereby permitting the integration of artificial intelligence into the creative process. The goal of the study is to contribute to the current discussion on how copyright laws should be modified to address artificial intelligence concerns in the field of invention through both legislative and technological developments.803 views
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Consequences of Product Design Strategy on Corporates
Professor at Atlas Skilltech University, Kurla West, Mumbai, IndiaPages 149 - 160Product planning and customer satisfaction are the two essential assignments of the corporate marketing division. Designing the product is a vital step to success in marketing efforts. There are several factors to consider while finalising a product and its design. Consumers' buying behaviour varies significantly from region to region, state to state and country to country. This underscores the importance of a company's product design strategy to focus on the specific requirements of each market. A company can design its product differently and use multiple models to cater to different markets. This article showcases over fifteen products and their success with different designs in various markets.685 views -
Maneka Gandhi Vs UOI: A Blueprint for Article 21
Advocate in IndiaPages 161 - 170The case of Maneka Gandhi v. Union of India (1978) marks a significant turning point in the development of Indian constitutional law, especially concerning the interpretation of Article 21 of the Constitution, which safeguards the right to life and personal liberty. This landmark ruling by the Supreme Court greatly broadened and expanded the definition of fundamental rights and changed the dynamics between individual rights and the powers of the state. The dispute originated when Maneka Gandhi, a prominent journalist and political activist, contested the cancellation of her passport by the Indian government, which barred her from traveling overseas. The key legal questions revolved around on the procedural fairness of the government's actions and their effect on Gandhi’s personal liberty and right to freedom of movement under Articles 19 and 21 of the Indian Constitution. In the landmark ruling, the Supreme Court expanded the interpretation of Article 21 to encompass not only the safeguarding of life and liberty in a procedural context but also a substantive guarantee of fairness, reasonableness, and justice. The ruling established the principle that any procedure that results in the deprivation of a person's liberty must be just, fair, and reasonable, moving away from a strictly procedural perspective. Additionally, the Court highlighted those laws impacting fundamental rights, such as the freedom of movement, must not be arbitrary or unreasonable. The case also reaffirmed the importance of judicial review in evaluating state actions that violate individual liberties. This paper offers an in-depth examination of the Maneka Gandhi v. Union of India case, concentrating on the legal issues, the reasoning of the Supreme Court, and its wider implications for safeguarding fundamental rights in India, the hypothesis and assumptions for the impact of if Maneka Gandhi situation did not take place is also given under the paper. The ruling not only broadened the interpretation of Article 21 but also set the stage for future advancements in constitutional law, especially concerning procedural fairness, preventive detention, and the safeguarding of individual freedoms against arbitrary actions by the state. The Court highlighted the significance of a flexible and inclusive reading of constitutional rights, thereby ensuring enhanced protection of civil liberties in India.5,440 views -
Navigating the Complexities of Indian Banking Law Comprehensive Guide
Student at Government Law College, Thiruvananthapuram, IndiaPages 171 - 176The Indian banking sector is a critical driver of economic progress, supporting growth, trade, and financial stability. However, it operates within a complicated regulatory environment defined by numerous laws and governing bodies. Key legislation like the Banking Regulation Act of 1949, the Companies Act, FEMA, and PMLA establish a comprehensive system focused on transparency, accountability, and adherence to both domestic and international standards. A significant challenge arises from the overlapping responsibilities of various regulators, including the RBI, SEBI, and IRDAI, which can make compliance difficult. Furthermore, the ever-changing global financial landscape and technological advancements constantly reshape regulations, demanding ongoing adaptation from banks. Strong compliance and risk management are essential to avoid penalties, reputational harm, and legal problems. While government reforms like the IBC and GST aim to simplify regulations, persistent issues such as NPAs, cybersecurity threats, and fraud remain key risks. In summary, successfully navigating India's banking legal framework requires a forward-thinking strategy, strong compliance mechanisms, and a commitment to good governance to safeguard the sector's integrity and future development.965 views -
Pages 177 - 185The introduction of the Bharatiya Nyaya Sanhita, 2023 (BNS) marks a significant step in modernizing India’s criminal justice system, replacing colonial-era laws such as the Indian Penal Code, 1860 (IPC), and adapting to contemporary societal needs. This legislative overhaul aims to shift from a punitive to a more justice-oriented, victim-centric approach. The BNS introduces reforms like stricter penalties for heinous crimes, the formalization of community service as a penal sanction, the repeal of the colonial sedition law, and the criminalization of contemporary offenses like mob lynching, sexual intercourse by deceit, and organized crime. Despite its progressive aspirations, the BNS faces criticism for its limited departure from the IPC, including ambiguous provisions like the broad scope of Section 150, which could be misused against political dissent. Additionally, the BNS retains gender-specific terminology in sexual offense provisions, failing to provide gender-neutral protections. This paper examines the key reforms of the BNS, identifies drafting inconsistencies, and offers suggestions for aligning the statute with constitutional values and human rights principles. The proposed reforms include the adoption of gender-neutral language, rectification of internal contradictions, and the introduction of provisions to address non-consensual unnatural offenses, ensuring that the BNS fulfills its promise of a modern, equitable criminal justice system.2,892 views
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In the current digital era, the protection of trade secrets is becoming more challenging due to the rapid development technological advancement, connectivity and globalisation. This research paper examines the challenges in the protection of trade secrets in India amidst rising cyber threats, data breaches, and digital communication. It also analyses the legal framework, current practices, judicial pronouncement and suggests a framework combining legal technological and organizational strategies suited to India’s unique environment.792 views
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The Role of Sandboxes in Fintech Innovation: A Comparative Legal Analysis
Student at Amity Law School, Noida, IndiaPages 199 - 217The advancement of technology has never taken this toll on global regulatory landscape. With new and innovative financial products and services being released everyday, laws cannot just keep up. So, in order to maintain consumer protection and innovation in the financial sector, countries have been developing regulatory sandboxes to help new enterprises survive and thrive. In India, financial services are regulated across various sub-sectors, each governed by a distinct regulatory authority. The RBI oversees banking, SEBI regulates securities markets, the IRDAI supervises insurance, and the PFRDA (Pension Fund Regulatory and Development Authority) manages pensions. These regulators have either implemented or are in the process of launching their respective regulatory sandboxes. Among them, the RBI and IRDAI have made significant progress, with the RBI already accepting applications for its initial sandbox cohort and the IRDAI granting approvals to its first group of participants. Meanwhile, SEBI and PFRDA are yet to commence formal sandbox operations.721 views -
Amazon’s Dynamic Pricing Strategy
Student at The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 218 - 234The advancement of technology has never taken this toll on global regulatory landscape. With new and innovative financial products and services being released everyday, laws cannot just keep up. So, in order to maintain consumer protection and innovation in the financial sector, countries have been developing regulatory sandboxes to help new enterprises survive and thrive. In India, financial services are regulated across various sub-sectors, each governed by a distinct regulatory authority. The RBI oversees banking, SEBI regulates securities markets, the IRDAI supervises insurance, and the PFRDA (Pension Fund Regulatory and Development Authority) manages pensions. These regulators have either implemented or are in the process of launching their respective regulatory sandboxes. Among them, the RBI and IRDAI have made significant progress, with the RBI already accepting applications for its initial sandbox cohort and the IRDAI granting approvals to its first group of participants. Meanwhile, SEBI and PFRDA are yet to commence formal sandbox operations.1,070 views -
Data Privacy and Antitrust: Analysing the Relationship between Consumer Data and Market Power
Student at Marwadi University, IndiaPages 235 - 251The world today sees its break light through the use of digital platforms, which has contributed drastically to the growth of economy across the globe, and India is a core example of such digital nation where data has become a valuable asset, fueling innovation and driving business strategies; however, the increasing collection and use of consumer data have raised concerns about both data privacy and antitrust. Data privacy focuses on protecting individuals' personal information and ensuring they have control over how their data is collected, used, and shared, emphasizing principles like consent, transparency, and data security, while antitrust law, on the other hand, aims to promote competition and prevent the abuse of market power, seeking to ensure that markets remain competitive, benefiting consumers through lower prices, greater choice, and innovation. Consumer as defined under the law has clearly illustrated who is said to be a consumer. The relationship between data privacy and antitrust is complex and multifaceted, as the collection of vast amounts of consumer data can create or reinforce market power for dominant digital platforms, which can lead to anti-competitive practices such as exclusionary conduct, where dominant firms may use their data advantage to exclude competitors from the market, data-driven mergers, where acquisitions of smaller companies with valuable data assets can further consolidate market power, and personalized pricing, where the use of consumer data to personalize prices can lead to discriminatory or exploitative pricing practices. Therefore, it is crucial to analyze the interplay between consumer data and market power to ensure that both data privacy and competition are protected, which involves examining how data collection and usage practices affect competition in the digital market, whether current data privacy regulations adequately address potential antitrust concerns, and what policy measures can be taken to balance the goals of data protection and promoting competition. By addressing these issues, we can foster a digital economy that is both innovative and fair, protecting consumers' privacy while ensuring a level playing field for businesses.993 views -
Pages 252 - 262India's swift economic expansion has resulted in a significant rise in energy demand, positioning it as the third-largest energy consumer worldwide. Nevertheless, a combination of financial, infrastructure, and regulatory limitations make guaranteeing a steady, reasonably priced, and sustainable energy supply an extremely difficult task. The whole country is mostly reliant on fossil resources, and integration problems still exist despite efforts to switch to renewable energy. India's energy landscape is examined in this study through an analysis of its energy mix composition, trends in consumption across important industries, and patterns of energy supply and demand. It also looks at government programs and policies meant to address issues of energy security and advance sustainability. Important issues like energy poverty, inefficient infrastructure, environmental issues, and power distribution companies' (DISCOMs') financial difficulties are also highlighted in the study. It also looks at how strategic energy collaborations, private sector participation, and foreign investments have shaped India's energy future. Finally, this study discusses the future outlook for India's energy sector, emphasizing policy reforms, technological advancements, and international collaborations as crucial drivers of transformation. Addressing these challenges through a holistic and integrated approach, which includes expanding green hydrogen initiatives, improving grid connectivity, and leveraging AI-driven energy solutions, will be pivotal in safeguarding India’s energy security and sustainability in coming decades.881 views
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From Divine to Damned: The Colonial Crusade against Maori Women’s Power
Student at Indian Institute of Management, Rohtak, Haryana, IndiaPages 263 - 275Colonialism did not merely impose governance but deeply disrupted the spiritual and social fabric of colonised societies. Indigenous religious systems, were delegitimised as “pagan” and systematically dismantled, with women bearing the brunt of it. This erasure reinforced patriarchal structures, stripping women of their spiritual authority and economic independence, forcing many into exploitative systems like sex work for survival. This study examines how Māori women in New Zealand were systematically marginalised through colonial policies that weaponised religion to entrench patriarchal norms. The study raises critical questions: Are these women truly engaging in such professions voluntarily, or are they trapped by intergenerational economic deprivation rooted in colonial exploitation? Has colonialism entrenched these professions as an inherited legacy rather than a choice?987 views -
Pages 276 - 284This paper examines India’s criminal justice system through two main perspectives: punishment as retribution and punishment as rehabilitation. It explores how courts interpret laws, the challenges within the system, and the ongoing efforts to reform the delivery of justice. While retributive punishments still dominate, there is increasing support for rehabilitation, aimed at helping offenders change their behavior and reintegrate into society. Nevertheless, persistent issues like overcrowded prisons, long pre-trial detentions, and inequalities based on class, caste, and religion continue to plague the system. The study calls for urgent reforms to ensure that the system treats individuals fairly, respects their rights, and fosters meaningful rehabilitation.1,393 views
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Public Policy as a Ground for Setting Aside Arbitral Award
LL.M. student at RV University, IndiaPages 285 - 294This paper looks at how public policy is used as a reason to cancel arbitration awards, focusing on the challenge of balancing the finality of arbitration with protecting societal and legal values. Arbitration is known for being efficient and giving parties the control, but courts can step in when an award violates public policy. However, public policy is not clearly defined and is applied differently in various legal systems, leading to confusion. The paper tries to explains why public policy is important in arbitration. It reflects societal values, ensures fairness, and protects weaker parties. It discusses key sections of India’s Arbitration and Conciliation Act, 1996, such as Section 34 (which allows the courts to cancel awards that violate public policy) and Section 48 (which governs the enforcement of the foreign awards). Public policy is explored in two different ways: substantive issues like fraud and corruption, and procedural fairness, such as ensuring all parties get a fair chance to present their case. The interpretation of public policy by Indian courts has varied over time. Various cases show how courts have alternated between strict and broad views of public policy. The 2015 amendment to the Arbitration Act aimed to narrow the use of public policy as a reason to cancel awards, aligning Indian arbitration laws with the international standards like the New York Convention and the UNCITRAL Model Law, to reduce court interference and support arbitration finality. Globally, frameworks like the New York Convention and UNCITRAL Model Law suggest using public policy as an exception only in rare cases to maintain trust in arbitration. They emphasize that arbitration decisions should follow the important legal principles without unnecessary court involvement. while public policy is important for protecting fairness and societal values in the arbitration, its inconsistent use can create various challenges. Finding the right balance between respecting the finality of arbitration and safeguarding public interest is essential. Recent reforms aim to make arbitration clearer and more aligned with global practices, enhancing its reliability as a method to resolve disputes.1,157 views -
Navigating Legal Pluralism in India: The Historical and Contemporary Discourse on the Uniform Civil Code
Assistant Professor at School of Law, NMIMS, Indore Campus, IndiaPages 295 - 302Deeply ingrained in pluralism, India's legal scene has personal laws controlling vital areas of life including marriage, divorce, and inheritance different among religious communities. Examining the historical development, colonial legacy, and constitutional path of the Uniform Civil Code (UCC) in the Indian setting, this study investigates its complexity, paradoxes, and ideological tug-of-war between uniformity and variety. Starting with the pre-colonial era, the study looks at how Hindu and Islamic legal traditions operated independently, with religious leaders greatly controlling personal rules. By means of different legal systems, the British colonial government institutionalised this diversity; they abstained from meddling in religious concerns. But colonial codification of personal laws created contradictions and gender inequalities, particularly for women. The Indian Constitution maintained religious autonomy even as it welcomed the idea of equality post-independence. Though socio-political sensitivities and worries over minority rights, Article 44 of the Directive Principles of State Policy supports a UCC; its application remains problematic . Though it left other groups, especially Muslims, mostly unaffected, the enactment of the Hindu Code Bills in the 1950s heralded notable legal reform for Hindus. Differential treatment, as seen in situations like Sarla Mudgal, highlights the flaws and inequalities ingrained in the present system. This study questions if a UCC is possible or wanted in a society as varied as India. It questions whether legal uniformity can coexist with cultural and religious diversity, and whether the quest of equality demands the loss of individuality. This paper provides a nuanced perspective on the UCC as not only a legal issue but a serious social challenge that questions the entire concept of secularism and equality in India by examining the constitutional debates, legislative reforms, and continuous judicial interpretations.1,088 views -
Pages 303 - 310This research paper is a comprehensive analysis of Geographical Indications in the Indian context with particular reference to the handloom sector. It covers topics such as the rationale for Geographical Indications as IP (intellectual property); the domestic position on Geographical Indications; Geographical Indications protection under various international instruments; handlooms from Gujarat and their Geographical Indications journey; the efficacy of Geographical Indications; and the Geographical Indications structure for handlooms. The volume bridges the gap between law and policy and advocates for the implementation of an effective legal system. It emphasizes the importance of Indian handlooms, which symbolize the country's cultural history and provide a variety of livelihoods. India's Geographical Indications protection system has been evaluated in light of its different cultures, with the goal of determining how Geographical Indications might help recognize, support, and promote these items in order to offer socioeconomic benefits. This article describes policy initiatives adopted to revive, restructure, and promote Indian handlooms and handicrafts, and it will be a significant contribution to Indian Geographical Indications law. This article is an investigative study that evaluates the current law and policy on Geographical Indications protection through detailed case studies and empirical research on select Indian handlooms. It will be useful to scholars and researchers of geography, economics, development studies, sociology, law, and public policy. Policymakers, attorneys, experts in textiles and handlooms, institutions of design and business administration, the media, museums of arts and crafts, and civil society organizations involved in intellectual property or handlooms will also find it interesting.798 views
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Drafting for Trust: Fairness, Consent, and Dispute Clauses in Indian Edtech Agreements
Advocate at High Court of Delhi, IndiaPages 311 - 328India’s EdTech sector, projected to exceed $10 billion in valuation by 2025, has transformed the educational ecosystem, yet suffers from an underdeveloped contractual governance. Nestled deep within these platform Terms of Service lie complex dispute resolution clauses, typically arbitration, that are often unread, misunderstood, or inaccessible to key stakeholders: minors, their guardians , and young adults. This paper critically examines how the structural design of arbitration and dispute clauses in EdTech agreements undermines fundamental legal principles of fairness, informed consent, and access to justice in India’s digital education landscape. Applying a hybrid analytical approach, including doctrinal analysis, case law review, employing comparative international regulatory models (GDPR, COPPA, NDPR), and contractual audits, the paper critiques clause opacity. It also emphasises ineffective “clickwrap” consent models and questionable reliance on parental consent, the absence of a child- or youth-sensitive, robust regulatory framework within India’s digital contracting ecosystem. Section I introduces the hidden influence of dispute clauses within online educational agreements. Section II analyzes arbitration, forum selection, and escalation clauses in Indian EdTech contracts. Section III explores consent mechanisms concerning minors, young adults, and digitally uninformed parents, highlighting the undermining of meaningful user agency. Section IV draws a comparative perspective of legal frameworks to illustrate India's regulatory shortcomings through international benchmarks. Finally, Section V proposes reforms at both contractual and policy levels, advocating for enhanced transparency, simplified clause language, effective opt-out mechanisms, and strategic legislative intervention. Ultimately, the research does not oppose arbitration or dispute clauses in Edu-tech but critiques its problematic implementation in contexts where trust, legal capacity, and informed consent are crucial and must be earned, not assumed. It calls for drafting these clauses to serve as a bridge for the first-time users of digital education, making them more accessible and promoting fairness and user empowerment within the fine print.686 views -
3D Printing and The Future of IP Enforcement in a Decentralised Digital Economy
Student at Amity University, IndiaPages 329 - 358The rapid advancement of 3D printing technology has significantly transformed the manufacturing landscape, enabling individuals and businesses to produce customized and high-quality products with ease. However, this technological revolution has also introduced complex intellectual property (IP) challenges, particularly in a decentralized digital economy. Traditional copyright, patent, and trademark laws were designed for a centralized production system, making enforcement difficult in an era where digital blueprints can be shared globally and manufacturing can occur anywhere. The study explores jurisdictional conflicts, cross-border IP enforcement challenges, and legal gaps that arise due to the global nature of 3D printing and digital file distribution. By examining case studies of cross-border IP disputes, the research highlights the difficulties faced by rights holders in enforcing their claims across different legal systems. Furthermore, it evaluates the applicability of existing IP laws to 3D printing and proposes policy recommendations, legal reforms, and technological solutions such as blockchain tracking, AI-driven enforcement, and licensing agreements to enhance IP protection in the digital age. The study underscores the need for international legal harmonization to effectively combat IP infringement while balancing innovation, accessibility, and regulatory compliance in the decentralized manufacturing economy.667 views -
Bhartiya Nyaya Sanhita 2023: A Critical Analysis of Legal Reforms in Sexual Offences and Women’s Rights in India
Research Scholar at Om Sterling Global University, IndiaPages 359 - 373The Bhartiya Nyaya Sanhita 2023 marks a significant overhaul of India’s criminal justice system, with a focus on strengthening provisions related to women's rights and sexual offenses, particularly rape. This paper analyzes the coherence of the new law with existing legal frameworks, such as the Indian Penal Code (IPC) and the Criminal Law (Amendment) Act of 2013, in addressing issues of sexual violence. The paper highlights key provisions of the Bhartiya Nyaya Sanhita 2023 aimed at redefining consent, enhancing punishments, and offering better protection for survivors during legal proceedings. Additionally, the paper examines the challenges in implementing these provisions, such as gaps in victim protection, slow judicial processes, and societal resistance. By reviewing recent legal precedents, including the Nirbhaya case, and analyzing real-world challenges in prosecuting rape cases, this paper provides a comprehensive overview of the evolving legal landscape concerning sexual violence in India. The findings suggest that while the Bhartiya Nyaya Sanhita 2023 holds promise for improving the legal response to rape, significant challenges remain in ensuring its effective implementation. The paper concludes with recommendations for further strengthening legal and institutional frameworks to guarantee timely and equitable justice for survivors of sexual violence.1,101 views -
Balancing Green and Growth: Do Environmental Regulations Impact Economic Competitiveness?
Student at School of Economics, XIM University, Bhubaneswar, Odisha, IndiaPages 374 - 393Whether environmental regulations impact economic competitiveness of economies, sectors and firms is a topic both complex and controversial. Prominent attempts to answer this is found in the Pollution Haven Hypothesis, which posits that stricter environmental regulations impose cost and reduce competitiveness. On the other hand, such a theory has been contradicted by the Porter Hypothesis that argues that well-designed environmental regulations can inspire innovation, cut carbon footprint, and enhance competitiveness. When this study finds cases supportive and dismissive of both these hypotheses across the world, cases were also found which can be termed as Neutral Hypothesis—that environmental regulations do not affect economic competitiveness. This paper analyzes relevant theoretical frameworks as well as empirical evidences concerning the impacts of environmental policies on various dimensions of competitiveness, such as productivity, innovation, trade, and investment, in order to identify strategies that help design effective environmental regulations which foster both environmental sustainability and economic prosperity, thereby contributing to a balanced “Green and Growth” paradigm and sustainable development.816 views -
Legal Protection of Aquatic Biodiversity in India: An Analysis of Statutory Framework and Judicial Activism
Assistant Professor at University Institute of Laws, Panjab University Regional Centre, Ludhiana, IndiaPages 394 - 407On April 17, 2025 a significant development towards the protection of aquatic biodiversity could be seen in out country where the “Union Ministry of Jal Shakti and Wildlife Institute of India” in collaboration launched a digital platform to boost the “Aquatic Biodiversity Conservation in India.” These are some of the instances where the concern regarding protection of aquatic biodiversity in India has been shown. The aquatic ecosystem of our country is very diverse in nature as India provides a variety of spectrum for the aquatic biodiversity ranging from fresh water lakes and river to marine ecosystem. The range of these aquatic species also varies from being microscopic level to large scale mammals such as whales. Moreover, it is to understand that the term ‘Aquatic Biodiversity’ should not be confused totally with ‘Aquatic Species’ as the former includes large varieties of species living inside as well as outside the water bodies in a way that they are interdependent with the aquatic species. Considering the diversity in the geographical conditions of our country, the aquatic ecosystem emerges out to be very rich in its nature. It can be further divided into two broad categories i.e., Freshwater ecosystem which primarily includes lakes, rivers and wetlands, and Marine ecosystems which includes “mangroves, coral reefs, seagrass meadows, sea shores and the vast ocean.” Considering the rich aquatic biodiversity of our country it becomes utmost important for us to discuss about the protection of this biodiversity as well as the role played by the judiciary and the legal entities for the protection of the same. The author in this research paper titled “Legal Protection of Aquatic Biodiversity in India: An Analysis of Statutory Framework and Judicial Activism” has tried to analyse the need of protecting biodiversity and the efforts of the legal framework towards the same.657 views -
Legal Architecture and Controversies Surrounding One Nation, One Election in India
Advocate at Punjab & Haryana High Court, Chandigarh, IndiaPages 408 - 416India, the world’s biggest democracy, conducts elections at multiple levels elections. The concept of “One Nation, One Election” proposes synchronizing these elections so that all polls General Elections are held simultaneously across the country. This idea aims to streamline the electoral process, reduce election-related expenditure, and ensure administrative efficiency. The discussion around One Nation, One Election is not new. Since then, elections have been held at different times, leading to frequent imposition of the Model Code of Conduct, policy paralysis, and increased financial and logistical burdens.638 views -
Pages 417 - 425For kitchen, bathroom, and travel accessories companies, the effectiveness of inventory management is critical, in which variations in seasonal demand and a wide range of products as well as changing customer preferences create strategic challenges for inventory management. A proper application of data analytics can be transformed into inventory efficiency solutions, extra stock reduction, and improvement in customer satisfaction in a transformed manner. This paper shall discuss the best practices in managing inventory for such product categories, with a specific focus on how predictive analytics, demand forecasting, and even real-time inventory tracking can optimize stock levels and hence reduce operational costs. Predictive analytics allows forecasting the changes in demand by time-series analysis with seasonal, calendar, and external influences, such that the availability of stock at the company can accurately correspond to the consumers' demand at any point in time. It saves a company from overstock and stockouts, reduces holding costs, and order fulfilment is raised to maximum levels. The real-time tracking provided by IoT technologies and integration enhances the visibility of inventory across different locations of storage, thereby raising timely response actions to disruption in the supply chain. This paper further talks about the role of data insight in sparking timely restocking so that a delay is avoided and a constant flow of the supply chain is maintained. Using data-driven practices can further help waste reduction optimize warehouse space, reduce time and cost associated with managing inventory, and so on. Adoption of these data analytics-driven best practices by companies would certainly enable those firms to realize ample improvements in inventory accuracy, operational efficiency, and the overall customer experience in the kitchen, bathroom, and travel accessories market.652 views
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Gender Bias in Indian Law: Examining the Inequities in Hindu Women’s Property Rights
Student in IndiaPages 426 - 432The aim of this paper is to critically examine the persistent gender bias rooted in the Indian legal framework, particularly in the context of Hindu women’s property rights. Despite progressive reforms like the Hindu Succession (Amendment) Act, 2005, which aimed to provide Hindu women equal rights in ancestral property, Indian society’s deep-rooted patriarchal norms continue to hinder its implementation in real life. Through an analysis of historical and contemporary legal provisions—including Section 15 of the Hindu Succession Act—and judicial responses to women's property claims, the paper exposes how both law and society perpetuate economic disempowerment of women. The judiciary’s frequent moralizing tone, societal stigma surrounding working women, and legal loopholes further marginalize women's access to property, especially in cases involving widows. The paper argues for systemic reforms, including legal awareness, improved access to justice through affordable and efficient legal aid, and expansion of women-centric courts like Nari Adalats. By highlighting the gap between constitutional guarantees and lived realities, this study calls for urgent attention to the socio-legal mechanisms that deny nearly half the population their rightful agency and economic independence.750 views -
Pages 433 - 449White-collar crimes and money laundering, though distinct in their structure and execution, frequently operate in unison, creating a significant threat to the financial and legal integrity of economies worldwide. In the Indian context, this interrelation is increasingly evident through high-profile financial frauds, banking scams, and corporate malfeasance. While white-collar crimes involve abuse of professional positions for illegal monetary gains, money laundering acts as a mechanism to legitimise those proceeds, making enforcement and prosecution more complex. This research examines the conceptual foundations of both offences, analyses India's legal and regulatory framework including the Prevention of Money Laundering Act, 2002 (PMLA), and explores judicial pronouncements and global compliance norms such as the FATF Recommendations. By studying case law and enforcement trends, the paper aims to highlight systemic loopholes and propose reforms to better equip India’s legal machinery to tackle this evolving economic crime syndicate.919 views
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In the digital era, the right to privacy faces multifaceted challenges arising from rapid technological advancements, state surveillance, and inadequate regulatory frameworks. This dissertation critically examines how emerging technologies—such as facial recognition, the Internet of Things (IoT), artificial intelligence (AI), and big data analytics—pose significant risks to individual privacy in India. It analyzes the legal responses, including the enactment of the Digital Personal Data Protection Act, 2023 (DPDPA), and the evolving jurisprudence shaped by landmark judgments. The study highlights the gaps in implementation, the lack of algorithmic transparency, and the broad exemptions granted to government agencies. It further conducts a comparative analysis between India’s DPDPA and the European Union’s GDPR, drawing insights from global best practices. By assessing sectoral regulations, recent case law, and institutional developments, the research underscores the urgent need for robust enforcement mechanisms, ethical oversight, digital literacy, and a privacy-first design philosophy. The dissertation concludes that balancing technological innovation, economic interests, and national security with the constitutional right to privacy is the defining challenge for India’s digital future.734 views
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Startups and MSMEs: How Legal Frameworks Can Foster Innovation and Growth in India
Student at Chanakya National Law University, Patna, IndiaPages 458 - 468Startups and MSMEs form the backbone of India's economy and play a significant role in GDP contribution, employment generation, innovation, and exports. As India aspires to become a more potent global economic heavyweight, it has become increasingly imperative to create legal support and regulatory instruments to unlock the full potential of these enterprises. This paper examines how specially-tailored legal frameworks can boost innovations while easing compliance burdens, enhancing credit access, and securing protection of intellectual property rights to promote sustainable growth for startups and MSMEs. India has established a number of initiatives that support MSMEs and startups, such as the Startup India Mission, MSME Development Act, 2006 and some recent developments in labor and taxation. Such measures aim at improving the ease of doing business, providing incentives for innovations, and reducing bureaucratic bottlenecks. The paper demonstrates how such legislative interventions have enhanced credit flow, job generation, and technological advancement within important sectors, such as Fintech, Edtech, Healthtech, and manufacturing. Alongside, the Union Budget 2025-26 has lent further credence to the above-mentioned momentum to promote credit guarantees, development plans for specific sectors, and enhanced budgetary allocations. Despite significant advances, challenges remain: contract enforcement inefficiencies, convoluted compliance mechanisms, and enormous ambiguity with regulation are still hampering growth. The paper stresses the imperative for reforms such as -well-tailored tax regimes, better IPR protection, export facilitation and ultimately, digital tools of governance among others. A specific interest is raised on the legal regime that fosters entrepreneurship, mitigates risk, and connects to global markets. Through the analysis of current policies, identification of gaps, and recommendations for reforms, this paper concludes that a sound and dynamic legal framework will be a very important input for strengthening India's startup and MSME ecosystem, generating domestic growth, and making India a strong and innovative economy in the global setting.857 views -
Inter-State River Disputes and the Indian Federal Order: Constitutional Challenges and Political Realities
Research Scholar and Teaching Assistant at Dr. Ram Manohar Lohiya National Law University, Lucknow, IndiaPages 469 - 497India’s federal structure is continually challenged by persistent interstate river water disputes, intersecting constitutional governance, political dynamics, and ecological imperatives. While constitutional provisions such as Article 262 and the Inter-State River Water Disputes Act (1956) establish adjudicatory frameworks, implementation is frequently hindered by political resistance, procedural delays, and insufficient enforcement. This paper examines constitutional and institutional mechanisms governing interstate water allocation through case analyses of the Cauvery, Krishna, and Sutlej-Yamuna Link disputes. Each case study highlights systemic tensions: judicial enforcement versus political resolve, equity in allocation versus historical entitlements, and cooperative versus adversarial federal dynamics. The Cauvery conflict demonstrates judicial intervention in enforcing tribunal rulings; the Krishna dispute reflects challenges from state reorganization and competing claims; and the SYL stalemate reveals judicial limitations amid entrenched political opposition. Through constitutional, statutory, and judicial analysis, the study argues that India’s federal architecture, though institutionally sound, risks erosion without political consensus and timely compliance. It emphasizes the necessity of adaptive, participatory governance models for transboundary river management in evolving socio-ecological contexts. The paper concludes that resolution of interstate water disputes necessitates not only legal adjudication but also political maturity, ecological consideration, and institutional reforms to reinforce cooperative federal governance.890 views -
Pages 498 - 513Marital rape remains a deeply entrenched and largely unaddressed issue in India, despite growing awareness and international pressure for reform. This paper examines the prevalence of marital rape within the Indian context, analyzing how societal norms and legal loopholes perpetuate this form of violence. A comparative study of national and international legislative frameworks highlights the significant gap in India's legal system, especially the continued validity of Exception 2 to Section 375 of the Indian Penal Code. The research delves into the crucial roles of consent and mens rea in establishing sexual offences, and critiques the unreasonable legal distinction between minor and major married women. Emphasis is placed on the sociological and psychological impacts of marital rape, which are often ignored in legal discourse. Finally, the paper proposes comprehensive recommendations to strengthen legal, psychological, and social support systems to better address and prevent marital rape, urging for a rights-based approach centered on dignity and autonomy.891 views
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Pages 514 - 535Managing liquidity risk is vital for credit unions because they are vulnerable to unexpected and immediate payment demands and operate on a cooperative model, where members are both owners and customers. Even though the CEMAC legislator has taken steps to minimise and eventually manage risks in credit unions, these measures are ineffective. Credit unions in Cameroon today continue to suffer from liquidity risk and are unable to satisfy members’ demands for loans, withdrawal of savings and payment of operational expenses. Through the doctrinal and non-doctrinal research methods, the paper demonstrates that loan delinquency, non-respect for prudential norms and the socio-political crisis in Cameroon, continue to compound liquidity risk in credit unions. The paper recommends that, credit unions should engage in recapitalisation, reorganisation and intensify loan recovery in a bid to effectively manage liquidity risk.761 views
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Triple Talaq: Analysis through Judiciary as Well as Custom
Student at Maharaja Agrasen Himalayan Garhwal University (MAHGU), Uttarakhand, IndiaPages 536 - 546In this examination we will be analyzing the Triple talak Judiciary as well as customs. As we all know in Islam Divorce often takes so many forms. The old categories that are described for divorce from the side of legal reforms are talaq that can be performed the repudiation from the side of the Husband, Khula which can be said as the buying of the freedom of wife as well as mubarat that is done with the permission of both the sides. The rules and regulations that are in relation to divorce has been always in the governance of the Sharia, as according to the interpretation of the traditional as well as old Jurisprudence of the Islam. However, the practices that are done mostly don’t match with the real soul as well as spirit of the Islamic community. Although Quran has been egalitarian as well as justice its cornerstone, but the idea of gender inequality that has been followed by the pre-Islamic times in regards to the divorce are still been followed by the people as well as are still existing in vogue. With the help of all the reasons, especially women are the communities that will be vulnerable. Triple talaq has been facing so much of criticism as well as controversies and debates on its account that this practice is correct or not. The criticism that it has to face has been completely on the aspects of gender inequality, human rights as well as justice that should be given to every gender. The India Supreme Court in the judgement that is being considered as landmark in the year 2017 on August 22, stated that the exercises that are related to triple talaq are non-constitutional as well as it does not fall under the supervision of the constitution as well as gave the Government of India power to perform the process of legislation in regards to these issues. Since, the practice that was banned by the Supreme Court of India was that the version in which the Husband speaks the phrase talaq three times and ultimately the bond of marriage breaks.918 views -
Role of Forensic Evidence under BNSS 2023: Enhancing Credibility in Criminal Investigations
Student at CHRIST (Deemed to be University) Pune, IndiaPages 547 - 553An important development in India's criminal justice system is the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which centers forensic evidence at the center of trustworthy and transparent investigations. This abstract illustrates how the BNSS improves the scientific rigor, reliability, and admissibility of forensic evidence in criminal cases. The requirement to gather forensic evidence and video footage at the scene of serious crimes, the expansion of sample authority, the simplification of expert testimony procedures, and the official recognition of digital and electronic evidence are some of the significant changes. The BNSS also requires the use of approved forensic labs and stringent chain of custody protocols to guarantee the legitimacy and integrity of evidence from collection to court presentation.1,578 views -
Pages 554 - 561Constitution of India guarantees to every citizen fundamental right to freedom of speech and expression but some beneficiaries of this right have been misusing them for long and it’s about time something shall be done about them. They are infringing women’s basic right to dignity under the garb of pushing their content as being constitutionally protected. The two of the biggest mis-users of this right are Ullu and AltBalaji. There are others that push the boundaries even further but in reality they end up pushing it too far and hence get caught. Whereas these two do it very efficiently and thus evade action. The gross violation of women’s right to basic dignity committed by them shall be discussed in detail in this paper.948 views
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Reframing Outsourced Labour Protections in Sri Lanka: A Comparative Analysis across Southeast Asian Jurisdictions
Director (HR) at Industrial Technology Institute, SriLankaPages 562 - 571This paper explores the evolving legal landscape of outsourced labour in Sri Lanka, focusing on the precarious position of “sandwich workers”—individuals contracted by third-party agencies but operationally managed by principal employers. Despite the rise of outsourcing as a strategic HR practice, Sri Lanka lacks a comprehensive regulatory framework to safeguard these workers' rights. Drawing upon doctrinal analysis and comparative legal research, the study evaluates statutory frameworks in Malaysia, Indonesia, and the Philippines to identify transferable best practices. The findings reveal significant legislative gaps in Sri Lanka's labour law, particularly in employer liability, contract registration, and worker protections. This paper proposes a restructured legal approach to balance organisational flexibility with equitable labour standards, aiming to harmonise business needs with international human rights obligations.663 views -
The Role of Victimology in Criminal Justice: Need to Change the Paradigms towards Victims
Research Scholar at Department of Law, Central University of Haryana, Haryana, IndiaPages 572 - 583The victim is a person who suffers harm caused by the crime. The term victimology is the study of the impact of crime against the victim and the role played in the criminal justice and includes the psychological effect of victim and relationship with offender and societal response and mechanism available for compensation and rehabilitation. There are some challenges faced by the victim like lack of awareness, delay in granting compensation, social stigma and limited access to legal aid. The paper focuses on the role of victimology in the administration of criminal justice and identify the areas where it is necessary to work upon. It further focuses on the historical background of compensation to victim and how much it is necessary in justice delivery. The paper also focuses on the theories of victimology and its role in criminal justice to victim such as Positivist Victimology Theory; Routine Activities Theory; Psycho-Social Coping Theory; Radical Victimology Theory etc. It further deals with the Law Commissions Report and Malimath Committee Report on the reforms of the Criminal Justice System as well as recommendation on victim justice The paper also deals on the role of judiciary on victim compensation as well as the International Obligations under various International Instruments regarding victim compensation. It further emphasizes on need to change the paradigms towards victims. It also deals with the suggestions in order to deal with the issues related to victims and their rights.959 views -
One Nation One Election: Discussion on implications on Federalism, Basic Structure and Parliamentary Democracy
Assistant Professor at Political Science, MDU- CPAS, Gurugram, IndiaPages 584 - 593The One Nation One Election implies to synchronize Lok Sabha and State Legislative Assembly elections to enhance administrative efficiency, reduce electoral costs and disruptions. The desirability of such an electoral reform is seen undebatable due to the rising costs of conducting elections, administrative disruptions in the wake of deployment of administrative and security personnel before and after elections and the policy inefficacy due to the frequent imposition of Code of Conduct considering the size of country. Apart from pros there are certain cons as well as though majority of political parties are agreeing on this there remains certain questions unanswered related to its impactions on India’s parliamentary democracy, Basic Structure Doctrine, federalism and voter engagement. The paper based on secondary data is a humble attempt to discuss and analyze the concerns related to federalism, parliamentary democracy, Basic Structure Doctrine and political participation and voter engagement. It further evaluates the constitutional challenges associated with implementing simultaneous election and explores international comparisons. The study argues that while one nation one election may bring stability and efficiency, it risks to undermine parliamentary ethos, federal autonomy, political participation & competition along with key constitutional principles such as Basic Structure Doctrine. The potential challenges and concerns necessitate that Indian state should opt a consultative approach with extensive dialogue with the stakeholders to keep the federal principles enshrined in the constitution intact.1,330 views -
Pages 594 - 612This study investigates the complex interplay between climate change and air pollution in the Indian context, focusing on the legal consequences of their combined effects. Climate change intensifies air pollution through phenomena like more frequent heatwaves, shifts in air currents, and increased wildfires, leading to higher concentrations of harmful substances. Conversely, some air pollutants, notably black carbon, contribute to global warming. This interconnectedness poses significant problems for India, which already faces severe air quality issues alongside the consequences of a changing climate. The research critically assesses India's current legal and regulatory systems concerning both air pollution management and climate change mitigation and adaptation. It evaluates how well these systems address the inherent link between these environmental problems. The analysis reveals shortcomings and restrictions within existing laws and policies, emphasizing the necessity for a more unified and comprehensive legal strategy. Moreover, this paper advocates for the urgent development of integrated legal approaches that simultaneously combat both climate change and air pollution. This involves fostering consistency across various policy areas, maximizing the benefits of combined mitigation and adaptation efforts, and improving enforcement. The research suggests potential pathways for this integration, such as harmonizing air quality regulations with climate change goals, promoting the adoption of clean energy sources, and enhancing cooperation between government ministries. Ultimately, this paper stresses the critical need for integrated legal strategies to effectively tackle the intertwined challenges of climate change and air pollution in India, thereby protecting public health and ensuring environmental sustainability.707 views
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Cybersecurity and Data Privacy: In Depth Analysis of Indian and International Perspective
Student at OP Jindal Global University, IndiaPages 613 - 622In the digital era, cybersecurity and data privacy have become critical components of global and national security frameworks. The increasing reliance on digital infrastructure for personal, professional, and governmental activities has heightened the importance of protecting sensitive information from cyber threats (Bhatia, 2019). Cybersecurity refers to the practices and technologies designed to protect networks, devices, and data from attack, damage, or unauthorized access (Von Solms & Van Niekerk, 2013). Data privacy, on the other hand, pertains to the proper handling, processing, storage, and usage of personal information to ensure individuals' privacy rights are respected (Solove, 2006). The significance of cybersecurity and data privacy cannot be overstated. Cyberattacks have the potential to disrupt essential services, compromise sensitive information, and cause significant financial and reputational damage to individuals and organizations (Srinivas, Das, & Kumar, 2019). High-profile cyber incidents, such as data breaches at major corporations and ransomware attacks on critical infrastructure, underscore the urgent need for robust cybersecurity measures. Data privacy is equally crucial as it safeguards individuals' personal information, which, if misused, can lead to identity theft, financial loss, and erosion of trust in digital services (Westin, 1967). This research paper aims to provide a comprehensive analysis of cybersecurity and data privacy laws, focusing on both Indian and international perspectives. It will explore the evolution of legal frameworks, examine notable cases, and compare the approaches taken by different jurisdictions. The paper will also highlight the challenges and emerging trends in the field, offering recommendations for strengthening cybersecurity and data privacy protections.725 views -
Income from House Property vis-à-vis to Current Budget 2025
Student at Jagran Lakecity University, Bhopal, M.P., IndiaPages 623 - 628Since Ancient times Taxes have been collected in various forms by the Kingdoms of the Country. Imposition and assemblage of taxes are the only sources of revenue generated by the Government for the strides of the Country. In the prevailing scenario, to regulate the taxation system in India the Indian Government has promulgated the Income Tax Act, 1961. It has undergone several amendments. This paper has explicated the Income generated from the house property along with its provisions stated in the Act and the prominent case laws. The Paper also highlights the alteration in the Current budget for 2025.1,226 views -
Pages 629 - 651This study examines into the establishment of India's first International Financial Services Centre (IFSC) and the tax incentives that are offered to the foreign corporations and its growth as financial hub in India. This research paper also examines into the tax benefits such as corporate tax regime (CAT), Minimum Alternate Tax (MAT), Capital Gain Tax (CGT), Securities Transaction Tax (STT), Goods and Service Tax (GST) Commodities Transaction Tax (CTT) and stamp duty. This research paper is also going to highlight about the tax incentives given for Aviation ,marine and aerospace sectors and its legal frameworks and regulatory organisations such as International Civil Aviation Organization (ICAO) for Aviation sector and for maritime sector such as International Maritime Organization (IMO), for space sector the organization such as Indian Space Research Organisation (ISRO), Department of Space (Dos) and its economic policies that led to rapid impact on its growth. Furthermore it also deals with the licensing and registration requirements that are required for the aviation sector, maritime industry and space sector. This article is thoroughly investigates about a Double Taxation Avoidance Agreement this agreement is acting as a tax relief in one country. It also looks over the governing bodies of the GIFT city such as (IFSC) and Special Economic Zone (SEZ). On the whole this article gives an overview about the tax reliefs offered by GIFT city and its growth as finance hub along with future initiative’s needed to be taken by the government for the development of financial hub in Gujarat.731 views
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A uniform civil code comprises of comprehensive laws which are prescribed in the personal law and family matters viz., marriage, inheritance and property rights with uniformity throughout the country. In this land resides such diverse population that one of the important roles they serve is framing laws in civil codes of uniformity spirit. The civil codes of Goa and Uttarakhand have a particularly unique history, and very commonly set out from that history, for it is based on common cultural and historical backgrounds. About Goa’s civil code in this article, this is what was taken as a combination of Indian and European laws about marriage and divorce and property of the people. Yet it was also proved that Uttarakhand had the uniform civil code, which was in compliance with what specific requirements its resident required, like she had provisions as regards women rights over their property as well as over their inheritance. In this article, the author shall present similarities and differences on how these two states have approached development. It is also contrasted and elucidated Uniform Civil Code bill that is at present under operation in varied States of India. It touched upon the landmark judgments which shaped up the debate over the Uniform Civil Code and the bearing on issue of gender justice and in the matter of rights of inheritance. Further, as the study strikes a balance between individual’s freedom and social harmony, a complex relationship is analyzed between Uniform Civil Code, secularism and the problems in the implementation of a Uniform Civil Code.1,248 views
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Trademark Infringement and Protection Mechanisms in the Domestic Market (India)
Student at Amity Law School, IndiaPages 666 - 690This research examines the evolving landscape of trademark protection in India, with a specific focus on improving mechanisms that safeguard trademarks in the domestic market. The study analyzes the legal framework under the Trade Marks Act, 1999, evaluates judicial precedents, and assesses enforcement trends affecting both domestic and international stakeholders. Chapter 4 explores key institutional mechanisms, such as the Trademark Registry, dispute resolution systems, and regulatory reforms aimed at enhancing efficiency, transparency, and accessibility. It highlights gaps in implementation, including delays in examination, procedural bottlenecks, and insufficient awareness among small businesses. Furthermore, it critically examines the growing challenges posed by counterfeiting, digital infringement, and cross-border trademark disputes in an increasingly globalized market. The concluding chapter offers policy suggestions and legal reform proposals to bolster the effectiveness of India’s trademark regime. These include strengthening enforcement infrastructure, simplifying registration processes, promoting public-private partnerships for awareness, and harmonizing domestic laws with international trademark obligations. By integrating legal analysis with practical recommendations, this paper contributes to the discourse on intellectual property reform and proposes a roadmap for strengthening India’s position as a reliable jurisdiction for trademark protection.756 views -
The Future of Plaint Filed on the Last Day of Limitation without Affidavit
Student at National Law University Delhi, IndiaPages 691 - 698This article seeks to analyze the legal ramifications that arise when a plaint is filed on the last day of limitation without the accompanying affidavit, a procedural requirement under civil litigation in India. This study will analyze whether such a filing could be reckoned as valid for purposes of limitation and what, if any, curative steps are available under law. The paper will analyze related provisions of statutes, judicial precedents, and procedural provisions to ascertain what would be the consequence of an affidavit having not been filed on the commencement of a suit. It will argue that a plaint lacking an affidavit would be procedurally defective.710 views -
ALIGN with AI : Advancing Leadership, Integrity and Global Norms with Artificial Intelligence
Research Scholar at Himachal Pradesh National Law University, ShimlaPages 699 -714By influencing diplomacy, security, economic competition, global governance and other aspects of International Relation, the impact of Artificial Intelligence driving global politics is clearly visible. This paper focuses on how AI contributes to changing power dynamics, strengthen diplomatic practices while also raising ethical dilemmas and legal challenges that includes algorithmic biases leading to unfair outcomes and deep fake threats with a potential to spread misinformation, commit fraud and extortion, manipulate public opinion, harm reputation etc. Along with the analysis of global governance the paper also highlights the rise of techno-nationalism and the risk associated with digital colonialism. Further the paper points at key observations of AI strategies of states, illustrating the complexity surrounding adoption of AI. The study concludes with ‘must haves’ for AI governance which are binding international standards, set of ethical standards and lastly multi-stakeholder collaboration that promotes AI technologies for stability, justice and human dignity in ever evolving global order.946 views -
The Devastating Effects of Bullying: Breaking the Cycle of Fear and Intimidation
Student at CT University, LudhianaPages 715 - 721Bullying is a pervasive and insidious problem that affects individuals of all ages, backgrounds, and walks of life. It can take many forms, from verbal taunts and physical intimidation to social exclusion and cyberbullying. The effects of bullying can be devastating, leading to anxiety, depression, and even suicidal thoughts.586 views -
Case Comment on Common Cause Vs. Union of India (2018)
Phd Research Scholar at Rajiv Gandhi National University of Law, Punjab, IndiaPages 722 - 729The landmark case of Common Cause vs. Union of India (2018) marked a noteworthy development in the jurisprudence of the right to die with dignity in India. In this case, the Apex Court recognized and upheld the constitutional validity of living wills and passive euthanasia, associating the Indian legal framework with evolving global human rights standards. This research paper provides a detailed commentary on the case, analyzing the ethical considerations, legal reasoning, and its implications on Article 21 of the Indian Constitution. It explores how the judgment strengthens individual autonomy and bodily integrity while balancing state interest and societal morality. The paper also examines the procedural safeguards laid down by the Court to prevent misuse and ensure transparency in the application of passive euthanasia. By reflecting on comparative legal frameworks and bioethical debates, the paper evaluates the broader socio-legal impact of the decision and its contribution to the discourse on end-of-life care in India.1,857 views -
From Privacy to Publicity
Phd Research Scholar at Rajiv Gandhi National University of Law, Punjab, IndiaPages 730 - 746The concept of privacy has undergone a dramatic transformation in the digital era, evolving from a fundamental human right to a fragile and contested concept increasingly overshadowed by the rise of publicity and content-sharing. This paper explores the historical development of the right to privacy, tracing its evolution from classical legal thought to contemporary interpretations shaped by rapid technological change. It further delves into the international landscape, examining how various jurisdictions approach privacy in contrast to India's legal framework. A critical analysis of India's privacy laws highlights significant gaps and inconsistencies, especially in light of recent data breaches, surveillance practices, and the widespread use of social media. The paper also addresses emerging challenges posed by artificial intelligence, digital profiling, and content monetization, which blur the lines between personal and public information. In response, the study proposes actionable legal, policy-based, and ethical solutions aimed at strengthening individual privacy while balancing the legitimate interests of public information and digital innovation.301 views -
Right to Property: Constitutional Policy after 44th Amendment and its Relevance in Present Times
Phd Research Scholar at Rajiv Gandhi National University of Law, Punjab, IndiaPages 747 - 759The right to property has undergone significant transformation within the Indian constitutional framework, especially following the enactment of the 44th Amendment Act, 1978. Originally enshrined as a fundamental right under Article 31, the right to property was relegated to a constitutional legal right through Article 300A, thereby altering the citizen-state relationship in matters of property ownership and acquisition. This paper critically examines the evolution of the right to property, tracing its doctrinal foundations, including the principles of eminent domain and adverse possession, and analyses the legal and constitutional ramifications post-1978. Through a doctrinal and analytical approach, the study evaluates the socio-legal implications of this shift, the judiciary’s interpretative role, and whether the current status of the right adequately protects individuals from arbitrary state action. Furthermore, the research explores whether the classification of the right to property as merely a legal right suffices in the context of modern economic and human rights frameworks. By revisiting judicial trends and socio-political developments, this study highlights the ongoing relevance and challenges associated with property rights in contemporary India.3,511 views -
Pages 760 - 768The inhabitants of the woodland Scheduled Tribes and other traditional forest residents are critical to the forest ecosystem's existence and sustenance. The failure to recognise their rights over their ancestral forest lands and habitats during the colonial period and in independent India has resulted in grave injustice. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (No.2 of 2007), or simply Forest Right Acts, was enacted to correct the injustice. The Forest Rights Act envisages, recognising, documenting, and vesting forest rights and occupation on forest land with Scheduled Tribes and other traditional forest residents. It establishes a framework for recording the forest rights that have been vested, as well as the nature of the evidence required for such recognition and vesting in respect of forest land, and strengthening the forest conservation regime. It also ensures the livelihood and food security of forest dwellers such as Scheduled Tribes and other traditional forest residents. However, nothing has changed even after six years of implementation. This paper will discuss the Forest Rights Act and its implications among the scheduled tribes of west Bengal and Chhattisgarh, India. Moreover, this paper will highlight on the issues faced by the Scheduled in terms of forest dwellings and other factors that are covered under this act.702 views
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Children are the living asset of our country it is the duty of the society to save their childhood and nourish it for their best future. Children from vulnerable background are often exposed and neglected by their family, peers, society, teachers etc. The neglected children are either fallen victim to crime or they opt to commit offence. Every time a child is neglected and forced to suffer such abnormalities; the nation loses its future. Juvenile Justice (Care and Protection of Children) Act 2015 is designed to deal with the child in conflict with law and child in need of care and protection. The purpose of JJ Act 2015 is to cater the child through giving him protection, treatment, rehabitation and development to ensure the best interest of child. And among these rehabitation of a child is the foremost concern so that the best environment could be provided to that child in a roof. However, institutionalization is considered the last resort taken by Juvenile Justice Board or Child Welfare Committee after conducting due enquiry. In this paper we will discuss about the rights of child, responsibilities of JJB and CWC and rehabilitation process of child falling in either of the categories.894 views
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Pages 780 - 795The Patents Act, 1970 (as amended in 2005) governs the Indian patent regime, and this judicial analysis explores the complexities of the pre-grant and post-grant patent opposition procedures. This study scrutinizes the grounds for pre-grant opposition and the procedural safeguards in place to prevent frivolous challenges, while also examining the role of the Controller of Patents and the judiciary in adjudicating these disputes. Meanwhile, post-grant opposition permits objections to a patent's validity after it has been issued, usually within a year of the grant. The reasons for post-grant opposition are examined in detail in this analysis, including issues regarding prior art, sufficient disclosure, and deceptive inventor ship claims. The study further examines important judicial precedents that have shaped the interpretation and application of the provisions, highlighting evolving jurisprudence in India. This study provides insight on how to strike a balance between protecting the public interest and safeguarding inventors' rights by examining important cases and the judicial approach of pre- and post-grant opposition. These underscore the importance of a robust opposition system in maintaining the integrity of the patent regime in India, ensuring that the patent system serves as a tool for innovation rather than an instrument for monopolistic practices.1,117 views
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A Critical Study of E-Governance in India
Assistant Professor at Govt Law College, Madurai, India.Pages 796 - 805E-Governance implies government functioning with the application of information and communication technology. India is a highly populated country used governance through traditional methods and techniques has become very difficult and hampers efficiency. E-Governance refers to the use by government agencies of information technologies that have the ability to transform relations with citizens, business and other arms of government. It aims to make the interaction between government and citizens, government and business enterprises and inter agency relationships more friendly, convenient, transparent and inexpensive. These technologies can save a variety of different ends, better delivery of government services to citizens, improved interactions with business and industry, citizen empowerment through access to information or more efficient government management. E-Governance benefits can be less corruption, increase transparency, greater convenience, revenue growth and cost reduction. E-governance bring in simplicity, efficiency and accountability in government and also extends reach of effective governance to a larger population. The government expenditure is appropriated towards the cost of stationary. Paper-based communication needs lots of stationaries, printers, computers, etc. which calls for continuous heavy expenditure. The internet and phones make communication cheaper, saving valuable money for the government. In India, there has been a lot of enthusiasm generated on the use of information technology for efficient governance. The application of information technology is halfhearted and it has delivered less than optional results. Lack of information on the Human resource requirements to support the central and state e-governance mission. Non-availability of specific standards, policy guidelines for e-governance. A huge amount of money is involved in implementation, operational and evolutionary maintenance tasks. E-governance and information for transforming the nature and style of India’s public administration into a participative culture taking the people as partners in developing administration.738 views -
The global patent system is designed to incentives innovation by granting inventors temporary monopolies to profit from their creations. However, its efficiency, equity, and alignment with public interest are increasingly debated. This paper examines the global patent system through the lenses of efficiency (does it effectively spur innovation?), equity (is it fair across nations and stakeholders?), and the role of international patent treaties like the TRIPS Agreement in shaping outcomes. While the system drives technological progress in some contexts, it often favours wealthy nations and corporations, marginalises developing countries, and restricts access to essential goods like medicines. Reforms are needed to balance innovation incentives with public welfare and global fairness.778 views
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Autonomous vehicles (AVs) are poised to redefine transportation globally, offering the promise of safer roads, reduced congestion, and technological advancement. However, in India, the journey toward autonomous mobility is fraught with unique legal, regulatory, and socio-economic challenges. While other countries are actively developing legal frameworks to accommodate AVs, India’s legal system remains rooted in conventional fault-based liability models that are ill-equipped to address the complexities of machine decision-making, data-driven navigation, and algorithmic accountability. This paper examines the current state of Indian law regarding motor vehicles, product liability, and consumer protection in the context of AVs. It highlights the inadequacy of the Motor Vehicles Act, 1988 (as amended), and the Consumer Protection Act, 2019, in determining responsibility in AV-related accidents. Furthermore, the role of artificial intelligence in decision-making raises pressing questions about accountability, transparency, and the need for access to driving data and algorithms. A distinctive concern in India is the socio-political resistance to AV adoption due to potential job loss. Union Minister Nitin Gadkari has publicly opposed driverless cars, estimating that 70–80 lakh professional drivers could lose employment. This resistance exemplifies the broader tension between technological progress and labor rights. Drawing from international experiences in the UK, Germany, and the USA, this paper proposes a nuanced regulatory approach that balances innovation with accountability, safety, and employment preservation. Legal reform, data governance, and inclusive policymaking are essential to ensure that India does not fall behind in the global mobility revolution.1,434 views
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Navigating Fintech Innovation: Analysing the Intersection of Technological Advancements and Legal Compliance in the Financial Services Sector
Student at Amity Law School, Noida, IndiaPages 830 - 842This paper delves into the evolution, scope, and transformative impact of financial technology (FinTech) within the Indian financial ecosystem. As technology continues to redefine the way financial services are accessed and delivered, FinTech has emerged as a major force driving innovation, efficiency, and inclusivity across the sector. The study traces the historical transition from traditional brick-and-mortar banking systems to digital platforms, emphasizing key milestones such as the advent of ATMs, online banking, mobile banking, and the rise of application-based financial solutions. It further examines the diverse range of FinTech sub-sectors that have gained prominence in India, including neobanking, digital lending, insurtech, blockchain-based platforms, and emerging areas such as NFT finance and agrifintech. In particular, the integration of advanced technologies like artificial intelligence (AI), blockchain, and data analytics is explored, demonstrating how these innovations have enabled smarter decision-making, enhanced user experiences, and robust security protocols. Additionally, the paper highlights the role of FinTech in promoting financial inclusion by reaching underserved populations, especially in rural and semi-urban regions, through simplified and accessible digital services. It evaluates the supportive regulatory environment fostered by the Reserve Bank of India (RBI) and other financial authorities, which has played a critical role in nurturing innovation while safeguarding consumer interests. The paper concludes by identifying the major opportunities and challenges facing the Indian FinTech industry, including regulatory compliance, digital literacy, cybersecurity, and scalability. It projects a positive outlook for the future of FinTech in India, asserting that with sustained innovation, strategic partnerships, and inclusive policies, India is poised to become a global leader in digital financial services.636 views -
How Patenting Pharmaceutical and Medical Have an Impact on the Aspect of Accessibility, Affordability, and Availability in Relation with TRIPS
Student at CHRIST (Deemed to be University), Pune Lavasa Campus, IndiaPages 843 - 850This research analyzes the effect of patenting of pharmaceutical and medical products on accessibility, affordability, and availability in the context of India's implementation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Before TRIPS, India's patent system allowed for a strong generic drug industry through process patents, leading to widespread access to low-cost medicines. The essay delves into the past development of India's patent regimes, the 2005 transition to product patents in adherence to TRIPS, as well as the consequences and adjustments thereof by the stakeholders such as government agencies, NGOs, and local pharmaceutical companies. It also touches on the effects of enhanced intellectual property rights in raising drug prices, market competition, and public health. Mechanisms like compulsory licensing and Section 3(d) of the Indian Patents Act are examined as a means to address TRIPS-related restrictions. Strategic responses by developing countries—fragmentation, mimicry, and counter-harmonization—to maintaining access to essential medicines are also assessed in this paper. Empirical evidence indicates price rises following patenting were moderate but structural changes affected market behavior. The results reflect the fine balance between encouraging innovation via patent protection and protecting public health in developing countries.559 views -
Colonial Shadows, Classroom Walls Race, Power, and Pedagogical Reform
Student at CHRIST (Deemend to be University), IndiaPages 851 - 866Even decades after formal decolonisation, the architecture of education in many parts of the world remains tethered to colonial ideologies. From the dominance of Eurocentric curricula to the marginalisation of indigenous languages and knowledge systems, modern classrooms often serve as quiet enforcers of racial and epistemic hierarchies. This article examines how colonial power continues to shape educational institutions globally, tracing its legacy through curricular content, language policy, institutional governance, and pedagogical practices. By analysing key legal cases—such as Brown v. Board of Education (USA), Indra Sawhney v. Union of India, and the T.M.A. Pai Foundation case—alongside student-led decolonisation movements like Rhodes Must Fall and Fees Must Fall, the article explores the intersection of race, power, and resistance in contemporary education. It argues that decolonising pedagogy requires more than content revision; it demands dismantling the racialised structures of knowledge production and embracing pluralistic, community-rooted, and inclusive approaches to learning. The piece concludes with a roadmap for transformative pedagogical reform, where classrooms become not only sites of instruction but also spaces of justice, healing, and liberation693 views -
From Lab to Law: The Complex Interplay of GMOs, Biotechnology, and Bioinformatics
Assistant Professor at Vignan Institute of Law, IndiaPages 867 - 888The integration of genetically modified organisms (GMOs), biotechnology, and bioinformatics represents a transformative frontier in science and the public policy. This study highlights the importance of these technologies in addressing global challenges such as food security, environmental sustainability, climate change and health innovation . Despite their potential, there are significant gaps in the legal and regulatory frameworks governing GMOs, particularly with regard to biosafety, ethical considerations, and intellectual property rights. The objective of this research is to analyse the interaction between scientific advancements and legal framework, identify challenges, and propose solutions to overcome these gaps . The methodology involves a comprehensive review of existing literature, case studies, and policy analysis to assess the effectiveness of current regulations. The key findings reveal inconsistencies in international policies, the need for harmonized standards, and the crucial role of bioinformatics in risk assessment and decision-making. The implications of this study extend to policymakers, researchers, and industry stakeholders, highlighting the need for adaptable legal frameworks that balance innovation with safety and ethical considerations.727 views -
Pages 889 - 903White collar crimes, typically committed by individuals in positions of trust and authority, represent a significant and growing threat to India’s legal and economic systems. This article offers a comprehensive analysis of the evolution, nature, and impact of white collar crimes within the Indian context. Rooted in Edwin Sutherland’s theoretical framework, the study underscores how such crimes ranging from corporate fraud, insider trading, and tax evasion to cybercrime and money laundering differ markedly from conventional crimes due to their complexity, non-violent nature, and socio-economic implications. The article explores the historical emergence of white collar crimes in India and highlights landmark cases that exposed systemic corruption and regulatory failures. It also examines the legislative and institutional mechanisms developed to address these offenses, including key provisions under the Bharatiya Nyaya Sanhita (BNS), Prevention of Corruption Act, Companies Act and relevant enforcement bodies such as the Central Bureau of Investigation (CBI), Enforcement Directorate (ED) and Securities and Exchange Board of India (SEBI). Despite these frameworks, the article argues that enforcement challenges persist due to procedural delays, lack of specialized investigative training, political interference and the influence of powerful corporate entities. Through critical evaluation, the article emphasizes the urgent need for comprehensive reforms, including better regulatory oversight, stronger punitive measures, greater transparency in corporate governance and public awareness initiatives. The study concludes that combating white collar crime in India requires a coordinated effort among legal institutions, policymakers and civil society to strengthen accountability and uphold the rule of law in a rapidly modernizing economy.1,547 views
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Digital accounting fraud increasingly exploits code centric vulnerabilities—ledger tampering, bot generated invoices, deep fake documentation and ransomware—to outpace conventional audit defences. This article examines how India’s National Financial Reporting Authority (NFRA) can integrate forensic audit analytics with cyber law enforcement to address this threat. Employing doctrinal and comparative analysis, it (i) traces the technological vectors that enable financial statement manipulation; (ii) evaluates the statutory framework under the Companies Act 2013, the amended Information Technology Act 2000 and NFRA Rules 2018; (iii) reviews pivotal Indian and foreign case law; and (iv) benchmarks India’s approach against the U.S. Sarbanes Oxley model, EU Audit Regulation 537/2014 and United Nations Convention against Corruption (UNCAC) mandates. The study identifies key enforcement gaps—data localisation frictions, limited cyber forensic capacity and procedural delays—and proposes a reform agenda that includes key escrow legislation, AI driven anomaly detection, mandatory Cyber Controls Assurance Reports and fast track e fraud benches. By advocating a convergence regime that couples continuous controls monitoring with cross border evidence protocols, the paper offers a blueprint for bolstering audit reliability and investor confidence in India’s aspirational US$ 5 trillion digital economy.636 views
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India’s Higher Education Crisis: A Call for Policy Reform and Systematic Change
Student at Institute of Law, Nirma University, Gujarat, IndiaPages 916 - 931The crisis in India's higher education system is the central focus of this research paper. Education should not be limited to providing basic infrastructure and fulfilling state obligations; equal importance must be given to the quality of education being delivered. It should serve as a powerful tool that empowers students—enabling them to build financially secure lives while also contributing meaningfully to society. Beyond just job prospects, education should align with the vision of the National Education Policy (NEP) 2020. This study takes an in-depth look at the challenges facing higher education in India, with a particular focus on issues related to quality. As part of this analysis, it examines two key government initiatives aimed at improving educational standards: the Rashtriya Uchchatar Shiksha Abhiyan (RUSA) and the Pandit Madan Mohan Malviya National Mission on Teachers and Teaching (PMMMNMTT). The paper explores the current shortcomings in higher education, evaluates the impact of these initiatives, identifies gaps in existing efforts, and provides recommendations to enhance their effectiveness.817 views -
Institutionalizing Online Dispute Resolution (ODR) in Indian Public Governance: A National Policy Blueprint
LL.M (Cyber Law) Student at IILM University, Greater Noida, IndiaPages 932 - 945Online Dispute Resolution (ODR) has evolved as a transformative tool in enhancing access to justice, particularly in a digital-first era. While India has made strides in adopting digital technologies for service delivery, its mechanisms for resolving disputes involving the State and citizens remain outdated, fragmented, and non-enforceable. Platforms like CPGRAMS and departmental grievance portals offer limited relief due to procedural opacity, lack of neutrality, and the absence of statutory enforceability. This paper argues for a comprehensive, legally mandated national framework to institutionalize ODR specifically in public service delivery and government-citizen disputes. Drawing on global best practices from jurisdictions like Canada, Estonia, the United Kingdom, and the European Union, this research provides a comparative analysis that informs the design of a proposed Indian framework. Through doctrinal legal research and administrative policy evaluation, the paper outlines the key legal, institutional, procedural, and technological components of such a system. It advocates for the enactment of dedicated ODR legislation, establishment of a National ODR Authority, and development of an integrated digital justice platform supported by AI tools, multilingual access, and strong data privacy protocols. This framework, if implemented, can drastically reduce litigation burdens on courts, improve public trust in government, and realize the constitutional promise of access to timely and affordable justice for all citizens.744 views -
Strengthening Rule of Law for the Environment: The NGT’s Impact under Article 21 and SDG 16
Assistant Professor at Faculty of Law, The Maharaja Sayajirao University of Baroda, Vadodara, Gujarat, IndiaPages 946 - 953The rapid urbanization and economic development lead to drastic degradation in the environment which further threatens the balance between ecology and human rights which are under Article 21 of the Indian Constitution. The National Green Tribunal (NGT) was established by the Indian Government in 2010 to ensure fast, accessible and specialized adjudication to matters which involving environment. This paper examines the access to environmental justice in detail. The paper further examines the role of NGT in providing justice to common people when their right to healthy environment is breached. This research paper then further also throws light on the composition, powers and structure of National Green Tribunal. The role of NGT in promoting SDG 16 is also discussed. The research paper also examines the alignment of NGT with the Sustainable Development Goal 16 (SDG 16) which highlights access to justice. Through landmark case studies till date and other secondary source of data, the author in this paper has tried to assess the effectiveness of NGT in delivering environmental justice. This paper also critically examines the extent of SDG 16 and the contribution of NGT in achieving the obligations laid under SDG 16. This paper also examines the jurisprudential developments over the years where Indian courts have interpreted the scope of Article 21.786 views -
An Analysis of Combinations under the Indian Competition Act, 2002: Regulatory Framework and Legal Implications
Advocate at District Court, Thiruvananthapuram, Kerala, IndiaPages 954 - 967Competition has changed a lot over the years. There are now more consumers and more companies in the market. To prevent unfair practices and agreements, the Competition Commission of India has taken steps. The Competition Act 2002 has rules for managing competition, especially when businesses or people work together. According to the Competition Act 2002, the concept of "combination" refers to the acquisition of control, shares, voting rights, assets, mergers, or amalgamations between enterprises. The regulation of combinations is a critical aspect of ensuring fair market practices and preventing anti-competitive behaviour. This paper provides a comprehensive analysis of the regulatory framework and legal case studies surrounding combinations in a national and an international perspective.866 views -
India’s drive toward sustainable development has significantly intensified in recent years, prompting corporate entities to adopt innovative solutions that balance economic growth with ecological preservation. In this context, Artificial Intelligence (AI) emerges as a powerful catalyst for refining sustainability initiatives and enhancing compliance outcomes. By leveraging AI-driven insights—such as predictive analytics, automated energy management, and intelligent resource allocation—companies can proactively minimize their environmental impact and align with emerging Environmental, Social, and Governance (ESG) benchmarks. This paper explores the multifaceted role of AI in bolstering corporate sustainability in India. Through an examination of policy frameworks, industry best practices, and real-world case studies, it highlights the ways AI-powered tools can streamline supply chain operations, reduce carbon footprints, and identify eco-friendly process optimizations. In addition, it discusses the challenges that Indian organizations face when deploying AI, including data constraints, infrastructure limitations, and regulatory uncertainties. Special attention is paid to ethical considerations, as enterprises must ensure fairness, transparency, and accountability in their AI models to maintain stakeholder trust. By offering a comprehensive overview of AI’s potential and limitations, this study provides a strategic roadmap for decision-makers seeking to integrate AI solutions into corporate sustainability agendas. It also underscores the importance of cross-sector collaboration, advocating for synergy among business leaders, policymakers, and technology providers to establish robust standards and governance mechanisms. Ultimately, this paper posits that AI, when harnessed responsibly, can serve as a transformative tool that not only advances compliance objectives but also propels Indian industries toward greener and more resilient business practices.648 views
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The Biopolitical Entrapment of Identity in the Bihar Census
Student at National University of Juridical Sciences, IndiaPages 988 - 996The Bihar caste census, aimed at social justice, paradoxically entrenches caste as a permanent administrative identity, transforming the state into a new Brahmin that dictates caste identity through bureaucratic classifications. This paper argues that the census functions as a form of biopolitical entrapment—an extension of Foucault’s theory of biopolitics—where caste is not merely documented but structurally imposed, replicating colonial-era caste enumeration tactics. By institutionalizing caste identity, the census contradicts both Ambedkarite philosophy and constitutional mandates, which envisioned caste’s gradual erasure rather than its administrative reinforcement. Further, this enforced caste identity violates Article 21 of the Indian Constitution, as lacks an exit mechanism, thereby undermining dignity and personal liberty.608 views -
Cross-Border Data Transfers and Compliance with GDPR: Challenges for Multinational Corporations
Advocate at Allahabad High Court, Lucknow Bench, IndiaPages 997 - 1010The General Data Protection Regulation (GDPR) has significantly reshaped the landscape of data protection and privacy rights for multinational corporations (MNCs) operating in the European Union and beyond. This paper examines the challenges MNCs face in achieving compliance with GDPR, particularly in the context of cross-border data transfers. Through an analysis of key legal frameworks, including the implications of the Schrems II ruling, the paper highlights the importance of adopting comprehensive data protection strategies and utilizing legal mechanisms such as Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs). Case studies of prominent corporations illustrate the real-world consequences of non-compliance, emphasizing the need for proactive measures to mitigate legal and operational risks. The paper also reflects on the delicate balance between facilitating global data flows and protecting individual privacy rights, underscoring the necessity for ongoing collaboration between MNCs and policymakers. Finally, the paper discusses the future of international data governance, advocating for harmonization of data protection regulations to foster innovation while ensuring adequate safeguards for personal data. By prioritizing compliance and embracing best practices, organizations can navigate the complexities of GDPR and contribute to a more secure digital environment.631 views -
AI Brain Implants on Prisoners as a Means to Attain Reformative Justice vs. Neurorights
PhD Research Scholar at Deen Dayal Upadhyay Gorakhpur University, Goarakhpur, IndiaPages 1011 - 1027We are on the verge of a new revolution right now. Devices and methods aimed at accessing, evaluating, simulating, and influencing brain systems are rapidly expanding in the field of neurotechnology. Propelled by recent advancements in artificial intelligence, these devices can be employed for therapeutic objectives, like regaining mobility for paralyzed individuals, as well as for neurostimulation or brain activity monitoring for diverse goals. Researchers from all around the world are even attempting to interface our minds with computers. When it comes to protecting our mental privacy, this is where ethical boundaries come into play. For this reason, ‘neurorights’ are crucial. This advancement has also resulted in a change in the global prison system, with an emphasis now being placed on rehabilitation rather than punishment. Trauma-Informed Design (TID) principles and cutting-edge technology play a key role in this transformation. Are you curious about how artificial intelligence (AI), neurotechnology, and machine learning algorithms can contribute to a more humane prison environment? This article delves deeply into how TID and technology are reshaping the prison environment, ultimately improving the well-being of inmates and facilitating successful rehabilitation. According to a recently developed prison concept, Artificial intelligence (AI) brain implants have the potential to transform prisoners completely. By placing more emphasis on rehabilitation than punishment, this "prison of the future" seeks to lower long-term incarceration costs and reoffending rates. This novel method has the potential to alter the way society views criminals. Doesn't it sound like a science fiction film from the future? It's more than just an idea; it can completely change the way we think about crime and punishment. Are you curious about how this will function and what legal implications lie ahead? This research will attempt to address these areas in-depth in the full paper.965 views -
Case Commentary: Workmen of Nilgiri Coop. Mkt. Society Ltd. vs. State of Tamil Nadu and Ors.
Student at Jindal Global Law School, IndiaPages 1028 - 1032This commentary critically examines the Supreme Court’s decision in ‘Workmen of Nilgiri Cooperative Marketing Society Ltd. v. State of Tamil Nadu’, which applied the control and integration tests mechanically and thereby denied contract workers in a cooperative society protection under labor law. In giving primacy to formal contractual relationships over economic dependency, the Court did not promote substantive justice to vulnerable workers. This decision continues to reinforce structural inequalities and erodes the protective goals of labor law, especially in India’s large informal sector. This paper argues that the decision is a sign of a glaring flaw in reasoning and begs the cause for a jurisprudential shift towards the recognition of de facto employment relationships. Based on principles embedded in the Indian Constitution and international labor standards, it appeals for the development of a more inclusive and pragmatic legal framework that guarantees the rights of economically dependent workers in all sectors.1,458 views -
Adjudication of Motor Accident Claims in India: An Analytical Study on the Functioning, Jurisprudence, and Compensation Framework under the Motor Vehicles Act, 1988
Advocate at Delhi High Court, IndiaPages 1033 - 1062Road traffic accidents in India have reached alarming proportions, with the Ministry of Road Transport and Highways reporting over 4.6 lakh accidents annually. In response, the Motor Vehicles Act, 1988 introduced Motor Accident Claims Tribunals (MACTs) to expedite compensation claims and relieve civil courts from mounting caseloads. This paper undertakes a comprehensive analysis of the procedural and substantive framework governing MACTs, their jurisdiction, and the evolution of compensation jurisprudence in India. It reviews legal provisions, regional procedural innovations like the Detailed Accident Report (DAR) scheme in Delhi, and landmark Supreme Court and High Court judgments shaping compensation standards, including the multiplier method and principles governing dependency losses, future prospects, and personal injury assessments. Special emphasis is placed on issues such as compensation for the death of homemakers, children, and owners/borrowers of vehicles, as well as distinguishing between composite and contributory negligence in accident scenarios. The research highlights persistent procedural delays, regional inconsistencies, and limitations in insurance liability, and concludes by advocating for uniform procedural guidelines, stricter adherence to established precedents, and legislative reforms for ensuring fair, just, and efficient compensation to accident victims and their dependents.848 views -
From Dumping Grounds to Justice: A Multidisciplinary Legal Approach to Combating Global Toxic Waste Through Environmental, Criminal, Health, and Human Rights Law.
Student at CHRIST (Deemed to be University), Delhi NCR, IndiaPages 1063 - 1092Toxic waste dumping, which contains toxic chemicals, poses grave risks to human health, environmental sustainability, and socio-economic stability. The global problem in such scenarios involves toxic chemicals, heavy metals, and by-products from heavy industries injected into the atmosphere, hydrosphere, or lithosphere. As is often the case in underdeveloped states, impoverished communities are exposed more intensely due to a lack of viable environmental regulations or even due to proper governmental enforcement. The transboundary nature of waste dumping enables industrialized countries to export toxic materials to poorer regions, not only worsening environmental inequalities but also perpetuating environmental racism. This paper analyzes gaps in criminal law, health law, environmental law, and human rights law through which corporations and organized crime groups, such as Italy's Eco-Mafia, exploit loopholes in the regulation to make money from illegal waste disposal. Case studies such as the Trafigura incident that marred Côte d'Ivoire in 2006 and the Warren County PCB landfill protests in the United States demonstrate how non-enforced laws continue to result in environmental degradation and attendant public health crises as social injustices. Occupational health risks resulting from workers in the formal and informal sectors of recycling, whereby several of them are children, also point to compelling reasons for all-inclusive interventive legal measures. This research adopts a multidisciplinary approach, proposing reforms across criminal, health, environmental, and human rights laws to address the complexities of toxic waste dumping. The paper explores the intersection of environmental and social justice and advocates for stronger legal frameworks and enforcement mechanisms to combat waste dumping effectively. It emphasizes the importance of integrated legal responses to protect vulnerable populations, promote sustainable practices, and ensure environmental and social justice.730 views -
Pages 1093 - 1107Particularly in child protection and workplace safety, the path toward safeguarding sensitive populations in India has seen notable legal benchmarks. This research article, "From Genesis to Justice: The Legislative Evolution of POCSO and POSH Act" offers a thorough analysis of two historic laws that have transformed India's legal system for handling sexual violence and harassment: the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH) and the Protection of Children from Sexual Offenses Act, 2012 (POCSO). Starting with the historical background that required these legislative actions, the study follows the concerning increase in occurrences of child abuse, workplace exploitation, and the related social movements raising public demand for thorough laws. The report emphasizes essential court rulings, notably the Vishaka v. State of Rajasthan case., which significantly influenced workplace harassment rules and the sad events that underlined the need for strong child protection legislation. Examining their progressive elements meant to offer victim-centric remedies, the study explores the fundamental clauses of the POCSO. and POSH Act. The POCSO Act highlights India's dedication to protecting young people by emphasizing age-appropriate surgeries, child-friendly policies, and obligatory reporting. Similarly, the POSH The act defines harassment precisely and requires the creation of Internal Complaints Committees (ICCs), now Internal Committee, and offers procedural rules to guarantee equitable investigations and redressal. Although these legislative systems show significant advancement, their execution offers excellent difficulties. Important concerns, including inadequate awareness among stakeholders, underreporting resulting from societal stigma, and procedural delays impeding the implementation of justice, are examined in this research. The study also points out areas of infrastructural deficiency, the need for capacity-building programs for law enforcement personnel, and the need to develop safer workplaces and educational institutions. Finally, this research underlines the importance of continuous revisions to improve the efficacy of both Acts. To guarantee quick and efficient justice, it suggests remedies including thorough awareness campaigns, better victim support systems, specialized training for legal and medical professionals, and enhanced responsibility measures. India may go closer to realizing a society that values the safety and dignity of its most underprivileged people by tackling these difficulties and supporting constructive actions. This thorough investigation seeks to provide insightful analysis for legislators, attorneys, social activists, and academics striving to strengthen the protective systems preserving justice and equality in Indian society.1,475 views
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Marital Rape in India: Call For Legal Reform
Research Scholar at Banasthali Vidyapith, Rajasthan, IndiaPages 1108 - 1115Marital rape, or spousal rape, refers to non-consensual sexual intercourse by a male, frequently identified as a manifestation of domestic violence and sexual abuse. Historically seen as a moral obligation, it is now predominantly classified as rape in several nations. The spouse may employ physical coercion, threats, or insinuated violence, instilling dread of violent retribution in the lady should she oppose him. Research indicates that women endure profound trauma and physical harm due to rape, resulting in diminished confidence in others and significant mental turmoil. Certain women persist in abusive marriages out of fear of violence or concern for their children, underscoring the subservient and compliant roles women occupy in patriarchal countries. Despite recognizing the accomplishments of over 79 years of independence, several elements and deficiencies in the Act render it erroneous or inappropriate. Women in our nation persist in experiencing oppression and fear from their counterparts, and they remain inadequately independent. Ironically, women in our country are not shown sufficient respect or dignity, despite our national celebration of historic verdicts such as Triple Talaq and other landmark cases. The notion of marital rape exemplifies implied consent, as women are perceived to have granted automatic consent upon marriage, hence allowing their husbands unlimited rights to invade their privacy and bodies. India lacks specific legislation addressing marital rape. The government refrains from enforcing stringent rape laws, apprehensive that it may undermine the institution of marriage and erode its values. Justice J.S. Verma has established a committee to examine marital rape legislation, contending that marriage should not serve as a defence against rape and advocating for the elimination of the exemption. The necessity for marital rape legislation is imperative, as it erodes the fundamental principles of marriage, allowing males to engage in non-consensual intercourse without accountability, hence presuming the woman's permission.711 views -
Pages 1116 - 1127Despite legal progress towards gender equality in India, a significant gap remains between the protections offered for women's dignity and their actual implementation. This article delves into this discrepancy, underscoring the pivotal role of constitutional remedies in empowering women and safeguarding their rights. While Indian law provides special provisions for women, a lack of awareness and complex legal terminology create barriers to their effective utilization. This work aims to bridge this gap by equipping women with knowledge of their constitutional safeguards, particularly those protecting their dignity. Furthermore, the article examines the broader role of constitutional guarantees in promoting gender equality. It explores how women can leverage these guarantees to challenge discriminatory laws, seek redress for violations, and advocate for systemic change. The article emphasizes the collective responsibility of governments, legal institutions, civil society, and the international community to uphold and enforce these provisions, ultimately fostering a society where women's rights and dignity are fully protected. By shedding light on this critical issue and providing practical insights, the article contributes to the ongoing efforts to bridge the gap between legal protections and their actualization, ultimately empowering women and advancing gender equality in India.887 views
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Role of Blockchain Technology in Enhancing Cybersecurity
Student at School of Legal Studies, Babu Banarasi Das University, Lucknow, IndiaPages 1128 - 1136In today’s digital world, where technology has become an integral part of our daily lives, Cybercrime and Cybersecurity attacks are hardly seen to be out of news, everyday there are hundreds and thousands of cases which are registered, this threat is not only limited to India but growing globally, With the rapid adoption of digital payment systems, the growth of e-commerce, and the increasing penetration of online services, people and businesses are becoming more exposed to cyberthreats. Although Advancement in digital technology have increased productivity, but they have also created new opportunities for hackers to take advantage of. Traditionally, security in cyberspace has been designed using systems with a central structure and control, however these systems are vulnerable to hacking. Centralized databases are vulnerable to single points of failure and can be exploited by malicious actors targeting to leverage vulnerabilities, thus creating the essential need for advanced cybersecurity safeguards, in this context blockchain technology has emerged as a solution to enhance cybersecurity. Blockchain provides an alternative, less-travelled route to increased security that is far less welcoming to attackers. Blockchain technology has the ability to transform cybersecurity especially in areas that deal with sensitive information because of its decentralized, transparent, and immutable nature. This study aims to explore the potential benefits of blockchain technology for enhancing cybersecurity. The goal of this study is to provide a comprehensive understanding of how blockchain technology may enhance cybersecurity and lessen cyberthreats.1,524 views -
Duty or Burden? The Complex Reality of Mandatory Pro Bono for Young Lawyers
Student at Christ Academy Institute of Law, IndiaPages 1137 - 1146Does required pro bono advocacy improve access to justice, or does it unfairly burden young lawyers? This article critically examines the double effect of compulsory pro bono work, analyzing how this work contributes to providing legal access for subordinate communities and how it overwhelms early-career lawyers. This study compares the advantages vis-à-vis the challenges that young lawyers face by examining pro bono mandates according to the policy purposes, societal benefits, and ethical requirements involved. Pro bono requirements are balanced with support structures, and the recommendations urge making the mandated service beneficial both for the public and those who engage in pro bono.912 views -
Guarding Innovation in the Desert: The Confluence of Intellectual Property, Fashion Law and Dispute Resolution in the UAE’s Legal Framework
Advocate at Bar Council of Kerala, IndiaPages 1147 - 1170In a nation where skyscrapers rise from sand and innovation is enshrined in policy, the United Arab Emirates has rapidly evolved into a regional powerhouse in intellectual property protection. This paper critically examines how the UAE has emerged as a frontrunner in IP protection through progressive legislation, international cooperation and strategic enforcement mechanisms. The central hypothesis of this paper is that the UAE’s evolving IP framework with its integration of fashion law and alternative dispute resolution has the potential to propel the country as a major global hyper innovation, entrepreneurship and creativity. This paper begins by tracing the historical evolution of IP law in the UAE from its pre-federation era to its integration into international treaties such as the TRIPS Agreement, Berne Convention and WIPO treaties. It then analyses the current legal framework, particularly the Federal Laws No.11, 36 and 38 of 2021, while shedding light on the roles of enforcement authorities like the Ministry of Economy, Dubai Customs and DED. A unique feature of this paper is its exploration of the intersection between IP and fashion law in the context of the UAE’s luxury market with case studies and the Dubai Design District. Additionally, the paper delves into the growing role of Alternative Dispute Resolution in resolving IP disputes through the DIAC, ADCCAC and specialised courts. Challenges such as counterfeiting, judicial inconsistencies, and enforcement gaps are critically examined, followed by pragmatic recommendations to fortify the nation’s IP regime. This paper not only underscores the UAE's dynamic legal journey but also emphasises its potential to lead as a global model in innovation governance, particularly in fashion forward and tech driven industries.693 views -
Role of Directors in Corporate Governance
Student at Amity Law School, Noida, IndiaPages 1171 - 1180The paper examines how important directors are to corporate governance and how their influence affects the entire structure of a company's governance. A company's ability to be directed and managed is largely dependent on the performance of its board of directors, which is the set of policies, procedures, and practices that make up its corporate governance. Directors are tasked with a great deal of responsibility, which includes risk management, compliance, strategic oversight, and developing an ethical and transparent culture. Directors, by virtue of their leadership, guarantee that management behaves responsibly and advances sustainable business practices, all while serving the interests of shareholders and other stakeholders. This essay looks at the different ways that directors affect corporate governance, the value of their objectivity and independence, and the difficulties they have in carrying out their responsibilities. Best practices for boosting directors' efficacy in governance responsibilities are also covered. The results highlight how important directors are in establishing governance practices and how they support an organization's long-term viability and integrity.854 views -
Data Sovereignity vs Data Globalistaion: Legal Dilemmas in an Era of Digital Borders and Borderless Data
Law Graduate in IndiaPages 1181 - 1192In the digital age, the clash between data sovereignty and data globalisation has become one of the most pressing legal and policy challenges facing governments, businesses, and individuals. This paper is a research exploration of the escalating legal tensions between data sovereignty and data globalization in the digital era. As an increasing number of countries implement laws to regulate data generated within their jurisdictions, issues surrounding national security, privacy, and public interest have prompted the introduction of stricter regulations, such as the European Union’s General Data Protection Regulation (GDPR), China’s Personal Information Protection Law (PIPL), and India’s Digital Personal Data Protection Act (2023). Concurrently, the contemporary global economy relies significantly on the seamless flow of data across borders, which is essential for cloud computing, digital trade, and online services. This interdependence creates substantial legal challenges, particularly when national laws conflict or when disparate standards are applied in cross-border situations. For instance, the GDPR imposes stringent requirements on data handling that may clash with less rigorous regulations in other jurisdictions, leading to complications for multinational companies operating in diverse legal environments. The paper explores these complexities through doctrinal legal research, comparative analysis, and selected case studies, including Schrems II and the Microsoft Ireland case. Additionally, it examines how trade agreements such as the USMCA and CPTPP attempt to address these tensions. Furthermore, the discussion encompasses broader issues like digital inequality and data colonialism, highlighting how disparities in data governance can exacerbate existing inequalities between nations and within societies. The paper argues that without careful consideration of these factors, the push for data sovereignty could lead to a fragmented digital landscape that hinders innovation and economic growth. The discussion also encompasses broader issues like digital inequality and data colonialism, ultimately offering recommendations for more balanced and collaborative legal frameworks. The aim is to identify strategies that safeguard national interests and individual rights while fostering global digital innovation.565 views -
Safeguarding or Surrendering Privacy? Examining the Impact of India’s DPDPA 2023
Student at Parul University, Vadodra, Gujarat, IndiaPages 1193 - 1202This paper critically examines the Digital Personal Data Protection Act, 2023 (DPDPA), a landmark legislative attempt by India to safeguard citizens’ privacy in an increasingly digital world. Rooted in the constitutional affirmation of privacy as a fundamental right in K.S. Puttaswamy v. Union of India (2017), the DPDPA aims to regulate the collection, storage, and processing of personal data. While the Act introduces foundational concepts such as data fiduciaries, consent managers, and rights for data principals—including access, correction, and erasure of data—it simultaneously raises serious concerns regarding the dilution of consent, broad government exemptions, and limited enforcement powers. The paper explores the Act's limitations, particularly the problematic provision of “deemed consent” and the sweeping powers granted to the central government, which many critics argue threaten the autonomy and privacy of individuals. A comparative analysis with global data protection laws such as the EU’s General Data Protection Regulation (GDPR) and California’s Consumer Privacy Act (CCPA) reveals that India’s framework lacks several essential features including independent oversight, robust user rights like data portability, and explicit restrictions on state surveillance. Further, the absence of mandates for data localization, vague definitions such as "public interest," and insufficient safeguards against algorithmic profiling and biometric misuse highlight the Act’s inability to fully address modern privacy threats posed by artificial intelligence and surveillance capitalism. The paper underscores the need for public digital literacy, judicial vigilance, and civil society participation to make the DPDPA effective. Ultimately, while the DPDPA is a step forward in India's digital privacy landscape, it is fraught with compromises that prioritize state and corporate interests over individual rights. The success of India’s data protection regime hinges on continued reform and judicial interpretation that aligns with constitutional values and evolving global standards.488 views -
Algorithmic Offenders: When Corporations Commit Cybercrimes via AI
LL.M (Cyber Law) Student at IILM University, Greater Noida, IndiaPages 1203 - 1216The increasing reliance on Artificial Intelligence (AI) by corporations has revolutionised business operations, decision-making, and digital engagement. However, it has also introduced unprecedented avenues for corporate misconduct and cybercrime. From automated phishing tools and unethical data mining to algorithmic manipulation in financial markets and targeted disinformation, AI systems are now being weaponised—either deliberately or negligently—by corporations to gain unlawful advantages. This paper examines the phenomenon of AI-enabled corporate cybercrimes, identifies the regulatory and legal gaps in the Indian context, and explores the challenge of assigning liability when algorithms become the offenders. Through doctrinal analysis, comparative legal frameworks, and real-world case illustrations, the study proposes a robust policy and legal structure to prevent and regulate such emerging threats. It argues that India must move swiftly to enact algorithmic accountability legislation and empower regulatory agencies to audit, monitor, and penalise AI-based corporate misconduct.637 views -
Pages 1217 - 1226By strengthening its legal and institutional framework, India has risen to the position of world leader in international business arbitration. In an effort to streamline, neutralise, and finalise the settlement of disputes, the Arbitration and Conciliation Act of 1996 adhered to the UNCITRAL Model Law. A reduction in judicial authority, an increase in institutional arbitration, and simplification of enforcement were the goals of the revisions made in 2019, 20, and 2015. The fundamental problem with India's arbitration system is the disconnect between theory and reality. Participation from the judiciary is a big problem. Arbitration decisions become subjective when courts use the public policy exception under Section 34, which hinders decision-making. Concerns about abuse arise since the 2021 amendment permits courts to postpone arbitral decisions in situations involving fraud or corruption, in contrast to other pro-enforcement measures. Institutional arbitration is non-existent due to the prevalence of ad hoc arbitration, rendering many firms inefficient and unjust. If India wants to bridge the policy-reality gap, it needs to simplify its institutional arbitration procedures, minimise the length of time it takes to reach a judgement, and diminish the involvement of the court. India has the ability to better its business climate, pull in more investors, and preserve its reputation as a top international commercial arbitration venue if it constantly embraces these changes and respects international arbitration rule.716 views
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Pages 1227 - 1236Street vendors selling their wares in public facilities cause disturbances and the increase in street vendor stalls in various corners of the city to be the main issue behind the ratification of Appendix I of mayor regulation of bogor city number 11 of 2023 concerning the implementation of regional regulation number 1 of 2021 on the administration of public order, public peace, and community protection which states that if a violation occurs, the Civil Service Police Unit will take action according to its authority. The identification of the problem is how the Bogor City Civil Service Police Unit exercises its authority in controlling street vendors at Pedati Market and the obstacles encountered, based on Bogor Mayor Regulation Number 11 of 2023 concerning the Implementation Regulations of Regional Regulation Number 1 of 2021. The theories used are the theory of authority and the theory of law enforcement. The research method is empirical juridical. The research specifications are descriptive analytical. The data source is primary data supported by secondary data. Data collection techniques by interview. Data were obtained and analyzed descriptively using a qualitative approach method. The results of the study are the implementation and obstacles to controlling street vendors at Pedati Market. This shows that the Bogor City Civil Service Police Unit is implementing control of street vendors through attribution authority. Technical operational preparation for public order and public safety as well as community protection is carried out by issuing three warnings and three letters of warning. In carrying out the order, even though it is in accordance with the legal basis and aims to provide benefits for public order, the Bogor City Civil Service Police Unit still faces obstacles such as resistance from street vendors, limited budget and human resources, lack of socialization regarding laws and regulations to the community.464 views
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Pages 1237 - 1245The illegal distribution and sale of alcoholic beverages remain prevalent in Bogor City. This condition indicates the necessity of the Civil Service Police Unit's role in the supervision and control of alcoholic beverage distribution, as outlined in Article 23, Paragraph (6) of Bogor Mayor Regulation Number 121 of 2022. The research problem in this study investigates the role of the Civil Service Police Unit in controlling and supervising the distribution and sale of alcoholic beverages, and the challenges encountered in performing these tasks. The research method used is empirical juridical, with a qualitative descriptive-analytical specification. Data collection was conducted through interviews, and the data was analyzed using qualitative juridical analysis. The research findings reveal the processes of supervision and control, as well as the challenges faced in regulating the distribution and sale of alcoholic beverages in Bogor City. The findings show that the Civil Service Police Unit exercises control and supervision over the distribution and sale of alcoholic beverages based on its attributive authority. The forms of control and supervision conducted by the Civil Service Police Unit include both preventive and repressive measures. The Civil Service Police Unit faces several challenges in performing supervision and control, particularly in direct supervision, which has not been fully optimized. Direct supervision, as part of the internal control mechanism, is hindered by issues such as leaks of raid information, difficulties in identifying illegal sale locations, and the misuse of permits by certain hotels and restaurants. External supervision, particularly through community oversight, also plays an important role. However, this form of supervision remains ineffective due to the continued purchase of alcoholic beverages without proper permits and the non-compliance of business owners with applicable regulations.801 views
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GST & Co-operative Federalism: India’s Fiscal Evolution
Assistant Professor of Law at Chandigarh Law College, CGC Mohali, IndiaPages 1246 - 1254Under cooperative federalism, states and the federal government work together to promote development while recognizing the value of "interstitial contestation" and cooperative dialogue between the two tiers of government.Underpinned by the values of fairness, capacity, stability, and progress, important organizations such as the Finance Commission, GST-Council, and NITI Aayog are essential to policymaking and contemporary federalism in India. By allowing the Center and States to impose taxes on goods and services simultaneously, the 101st Amendment—which established the Goods and Services Tax (GST)—marked a major breakthrough in cooperative federalism and preserved the federal system. In order to promote uniformity in indirect taxation, the Center gave up its exclusive tax authority over manufacturing, and the States gave up their exclusive tax authority over sales. The continuous disagreements between the federal government and the states over everything from the distribution of funds to the setting of GST rates have once again raised concerns about our federal system, which must be resolved if the nation is to prosper.The main goal of the goods and services tax is to balance the power between the federal government and the states under the GST regime. The cascading effect that was meant to eliminate this power shows that the central government has the authority to take over the indirect tax system, which will reduce state autonomy and lead to inconsistencies and contradictions between the CGST and SGST Acts, as well as the destruction of the federalist principle.1,832 views -
Factors Leading to Increased Retention Rate of Private School Teachers: A Case Study
Assistant Professor at National Institute of Educational Planning and Administration, New Delhi, IndiaPages 1255 - 1263Retention rates in developing nations are often relatively poor, with many teachers quitting the profession after just a few years. This is because many of these countries lack the resources to support instructors. The percentage of teachers who remain in their positions is often rather low in India. The quality of the teaching staff and the education system can be improved if knowledge of the factors that contribute to teacher retention is gained and put into practice the methods that are designed to cut it. Thus, the present research has been focused to firstly assess impact of internal factors of school environment on retention rate of the teachers teaching in private schools and identifying these factors. The research has been focused on Imphal East and Imphal West Districts of Manipur, India. To assess these insights, hypothesis testing has been conducted on a primary data collected from 216 respondents. Finally, at the end of the research, the future scope of the present research has been discussed.697 views -
Pages 1264 - 1273The entire Criminal Justice system in India is accused-oriented and completely overlooks the victim who bears the brunt of the entire offence. This offender-oriented nature of our criminal justice system completely refutes the idea of restorative justice for the victims. There is a clear lack of legal provisions for ensuring restorative justice in India. This results in a deprivation for the victims of any tragic crime, a proper restoration for the loss he/she has suffered. It must be kept in our mind that the victim is the centre of the offence, and ignoring the reparation of the victims can result in an incomplete delivery of the justice system. Thus, there is a need for a comprehensive scheme for the victim to ensure proper rehabilitation for the victims of a crime.900 views
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Pages 1274 - 1284The passing of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (popularly known as the POSH Act) was a landmark step towards ensuring gender equality and security in workplaces in India. Yet, the real enforcement of the Act remains beset with serious challenges, especially in overcoming organizational pushback, strongly entrenched patriarchal values, and socio-cultural beliefs that tend to subvert its utility. The current research critically explores the institutional and social impediments hindering the implementation of the POSH Act in various workplace environments. Drawing from case study reviews, policy analysis, and qualitative observations of organizational stakeholders, the research reveals systemic deficiencies, absence of awareness, weak compliance measures, and continued stigmatization of survivors. The article advocates for a more intersectional and transformative strategy that transcends formal compliance to create authentic cultural change and institutional responsibility. Suggestions are made to increase awareness, develop capacity among Internal Committees, and encourage a more inclusive, responsive redressal system.793 views
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Broken Promises, Criminal Penalties: Section 69 BNS and the Legalization of Failed Relationships
Student at Hidayatullah National Law University, Raipur (C.G.), IndiaPages 1285 - 1290This paper critically examines Section 69 of the Bhartiya Nyay Sanhita, 2023. This new criminal law made a significant innovation in the jurisprudence of laws related to sexual crimes. This section deals with the gray area of law, which is consent. Consent is very personal to the victim, but its significance is such that it is a thin line between voluntary sexual intercourse and rape. The provision aims to protect women at the same time, but the law also leaves a gap in defining consent. Conditional Consent is the most vulnerable factor of this section. This section says that any voluntary sexual intercourse can retrospectively punish a man with imprisonment up to 10 years. Section 69, its jurisprudence and interpretation, is the interplay between sexual autonomy, misuse, and state intervention.1,466 views -
Guarding the Brave: Witness Protection in the Theatre of Justice
Student at Karnavati University, Gandhinagar, IndiaPages 1291 - 1306The cornerstone of justice lies in the integrity of witnesses, often regarded as the "eyes and ears" of the judicial system. This research delves into the multifaceted concept of witnesses, tracing its evolution from ancient doctrines like Manusmriti to modern legislative frameworks. It highlights the crucial role witnesses play in ensuring fair trials, especially in high-profile cases. It thus highlights the vulnerability of witnesses at the hands of intimidation, compulsion, and systemic apathy, which further leads to the hostile behavior they exhibit. For this purpose, the research compares key legislation enacted in the field, such as the Witness Protection Scheme 2018 and judicial interpretations to assess the existing safeguards' strength and weaknesses. Through the analysis of landmark cases, such as the Jessica Lal case, Best Bakery case, and others, the study illustrates the challenges that witnesses endure, especially under the influence of power and societal scrutiny. The paper further identifies gaps in the current witness protection mechanisms, such as limited time frames, lack of independent oversight, and insufficient focus on risk assessment. Advocating for a stronger, more inclusive witness protection framework, such research would advocate reform through legislation, increase responsibilities, and create independent bodies towards adequate response to threats. It seeks to push for a greater understanding about the importance of a witness in the justice system while soliciting systemic change to ensure the sanctity and dignity of a witness.637 views -
Pages 1307 - 1325Work can be tough for everyone, but for transgender individuals, it can be even harder due to unfair treatment as compared to others. Transgender person tries to hide their identity because of fear of discrimination, which do also limit their career opportunities. As being one of the sexual minorities, they are afraid of revealing their true identity due to inherent fear of agony and exploitation. However, the NALSA(full form) Judgment has paved the way for their recognition as Third gender. The Indian Justice system has done its part by following the best rule i.e “Salus populi suprema lex”. It is to be understood that Transgender people are not just a part of society but they are an integral thread in the fabric of our humanity. The epics of Ramayana and Mahabharat are proof of their importance and evidence of their traces in the Indian culture. The Supreme Land of Law is to be circumscribed around the grundnorm of equity and equality as both are very essential human rights and fortunately the Constitution of India guarantees the same to the people of country. Article 15(3) of Indian Constitution states that “State can take steps or make law for improving the condition of women and children”. Hence, the same analogy should also be drawn to empower the Transgender Community. The NALSA Judgment pronounced by the Supreme Court of India discussed about many rights which shall be provided to transgender community, and one of which is related to the Workplace Equity. This paper will be focusing and dealing with the Transgender equity at workplace with Sociological aspect. This paper would also emphasis on two models which is currently followed in other countries known as PIE (Protection, Inclusion and Equity) Model and AAPCE (full form) Model. The focus of these models would be creating a more inclusive and supportive workplace environment for transgender people, because enhancing transgender equity and equality at workplace can lead to positive job outcomes and nationwide development. This research paper will be having doctrinal and empirical study as well to understand the root cause and current scenario.661 views
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Corporate Governance and IP Laws
Research Associate at RV University, IndiaPages 1326 - 1334This paper discusses the importance of Intellectual Property (IP) and the legal frameworks governing it within the corporate domain. It highlights the interdependence of IP and corporate governance, like "two faces of the same coin." Companies must establish rules and regulations to protect their IP from both internal and external infringement. This involves identifying and prioritizing IP valuation and protection, and adhering to relevant government laws and regulations. Effective IP governance boosts investor confidence, attracts investments, and contributes to a company's long-term success. The paper also addresses the challenges companies face in protecting their IP, such as the unauthorized use of trademarks and the complexities of navigating legal battles. By examining a case involving Qiaodan Sports Company and Michael Jordan, the paper illustrates the difficulties in proving trademark infringement and the importance of securing IP rights. Furthermore, it emphasizes the need for companies to adopt best practices for IP governance, including robust security mechanisms and comprehensive protection strategies.876 views -
A General Overview of Self-Defence in International Law
LL.M. (International Law and Organizations) student at Department of Legal Studies, University of Madras, IndiaPages 1335 - 1349Self-defence is a foundational concept in international law that allows states to respond to armed attacks while balancing sovereign rights and international peace. Enshrined in Article 51 of the United Nations Charter and shaped by customary international law, the right of self-defence is both a legal and political mechanism. This paper provides a general overview of the legal framework governing self-defence and explores its fundamental concepts and interpretations. Through a doctrinal analysis, the study aims to highlight the essential elements of self-defence.697 views -
A Critical Analysis of the Use of Force and Self-Defence in International Law
LL.M. (International Law and Organizations) student at Department of Legal Studies, University of Madras, IndiaPages 1350 - 1363This paper critically examines the complex relationship between the prohibition of the use of force and the right of self-defence under international law. While the UN Charter and other legal instruments emphasize the primacy of peaceful dispute resolution and the general prohibition on the use of force, the inherent right of states to self-defence continues to generate legal and ethical dilemmas. The study explores the evolution and interpretation of these principles through key international frameworks, including the League of Nations Covenant, the Pact of Paris (Kellogg-Briand Pact), and the United Nations Charter.752 views -
Pages 1364 - 1375This study examines, from a legal and regulatory standpoint, how India's cyber and data privacy regulations interact. Strong data privacy rules and regulations are now essential due to the growing reliance on digital technology and the gathering of personal data. However, it is difficult to adequately handle the complexity of data privacy and cybersecurity within India's current legislative framework. The Information Technology Act, 2000, the Personal Data Protection Bill, and the newly passed General Data Protection Regulation (GDPR) are just a few of the laws and regulations that are examined in this article as they relate to data privacy and cybersecurity in India. It looks at how these regulations affect safeguarding personal information and combating cybercrimes. The study also examines the function of regulatory agencies like the Data Protection Authority in guaranteeing adherence to data privacy regulations and defending the rights of persons. It also talks about how difficult it is for companies to navigate India's cybersecurity and data protection laws. The overall goal of this research is to give a thorough overview of the legislative and regulatory framework that governs cybersecurity and data privacy in India. It also provides insights on possible reforms that may be required to improve cybersecurity and data protection measures in the nation.467 views
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Balancing Environmental Transparency and Business Confidentiality in Environmental Information Disclosure under Vietnamese Law
Lecturer at Faculty of Economic Law, Hanoi Law University, Vietnam.Pages 1376 - 1387The disclosure of environmental information by enterprises has become a fundamental requirement for ensuring environmental accountability, promoting sustainable development, and protecting public interests. However, this obligation often raises significant challenges when it conflicts with the protection of business confidentiality, especially concerning trade secrets and proprietary technologies. In Vietnam, while the legal framework mandates environmental transparency through the Law on Environmental Protection 2020 and related regulations, it lacks detailed mechanisms to balance this obligation with the legitimate need to safeguard confidential business information. This article examines the conceptual foundations of environmental information and business confidentiality, analyzes the current Vietnamese legal framework, and identifies key gaps in harmonizing transparency and confidentiality requirements. Drawing on international practices, such as the OECD Guidelines, the Aarhus Convention, and U.S. EPA regulations, the paper highlights lessons for Vietnam in designing an effective legal mechanism. Finally, the article proposes specific legal reforms to protect both environmental rights and corporate interests, ensuring that environmental transparency does not undermine the legitimate protection of trade secrets. This balance is crucial for enhancing regulatory compliance, fostering corporate accountability, and promoting sustainable business development in Vietnam’s integration into the global economy.651 views -
Pages 1388 - 1394In our nation, women are accorded a unique status. They are revered as deities. However, as society has become more modern, their fundamental rights have been infringed. India's information technology industry is expanding quickly. Cybercrime is on the rise in tandem with the widespread use of computers. Furthermore, the majority of cybercrime victims in our nation are women. Cybercrime comes in many forms, such as cyberstalking, cyberdefamation, and cybermorphing. Emails are being used to harass women. They deal with the issue of cyberbullying, which is prevalent these days. To prevent these kinds of crimes, we have the Information Technology Act of 2000. With an emphasis on the legal system and enforcement strategies, this research critically investigates the scope and character of cybercrimes against women in India. Online harassment, cyberstalking, and revenge pornography are the most prevalent cybercrimes, according to the survey, and they frequently go undetected because people are unaware of them and don't trust the police. India's present legal system is insufficient to combat cybercrimes against women, and law enforcement organizations require stronger resources and training, as well as more women's education about the hazards and legal rights.712 views
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Pages 1395 - 1400Due to rising consumer expectations to buy a wide range of goods and services from a global pool, e-commerce is booming in India. In terms of business law, this is crucial to a contract, which is the most delicate and significant document. The development of computer programs and the internet has lowered the barrier of interaction that led to the widespread acceptance of these contracts. Compared to traditional contracts, the e-contract offers several advantages. There are a few essential components required to create legally enforceable electronic contracts, and these agreements are based on people, legal purpose, legal consideration, etc. The following article provides a precise explanation of e-contracts, discusses current issues they confront, and provides an outline of their enforceability in our area.711 views
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Critical Analysis of Laws related to Submarine Communication Cables in India: Present Time and Way Forward
LL.M. Student at Rashtriya Raksha University, Gandhinagar, Gujarat, IndiaPages 1401 - 1410For an economy and connectivity so drastically dependent on submarine communication cables, which carry 99% of India's international internet traffic, it must be a regulatory crisis affecting digital growth. The rules controlling these cables are archaic, inadequate, and fragmented in this country. Because of the sensitive government communications and defense data that it carries, these cables constitute critical strategic assets. Given their vulnerability to hostile interference by tampering, surveying, or disrupting it, tough regulation is an obvious necessity. Most of such cables traverse contested regions and geopolitically sensitive regions. The present regulations are very wanting in many respects. International Long-Distance Operators have not been given clear directives on their liability regarding cables landing in India. Licensing provisions for submarine cables remain ambiguous. The bureaucratic processes of cable repairs and installations incur costly delays, while modern technologies such as stub-cables remain unrecognized. India has to be more dependent on foreign vessels for repairs, as repair ships and facilities for storing are not available in the nation. On the contrary, Singapore, Australia, and the United States have implemented effective regulatory mechanisms and made the approval processes smoother, protected the corridors of cables, and maintained capabilities domestically. For India to maintain its position as a global digital leader, reforming submarine cable regulations is not just an administrative task but a strategic necessity. Comprehensive reforms are needed to protect and enhance these critical digital infrastructures to meet the demands of an increasingly connected future.648 views -
A Critical Analysis of the Jute Packaging Materials Act, 1987
Assistant Professor of Law at Department of Law, Savitribai Phule Pune University, IndiaPages 1411 - 1423The jute industry has historically held a significant position within India’s industrial and rural economic framework, contributing both to the employment and the development of ancillary sectors. However, in recent decades, the sector has faced substantial challenges due to technological stagnation, competition from synthetic alternatives, and shifting global market dynamics. In response, the Indian government enacted the Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987 (JPMA), aimed at safeguarding domestic jute production by mandating the use of jute bags for the packaging of key commodities such as food grains and sugar. This paper critically examines the legal and economic implications of the JPMA, 1987. While the Act was designed to protect jute mill employment, promote rural livelihoods, and support environmental objectives by curbing plastic usage, its implementation has triggered significant controversy. Critics argue that the Act interferes with free market principles and imposes disproportionate costs on industries required to use costlier jute packaging. Moreover, the jute sector has struggled to meet demand efficiently due to outdated machinery and limited technological innovation, thereby undermining the policy’s intended economic benefits. The paper explores the regulatory tensions between environmental sustainability, economic protectionism, and market liberalism. It further analyses how inefficiencies in enforcement, instances of corruption, and the lack of sustainable practices within jute mills have diluted the Act’s overall effectiveness. Ultimately, the research suggests that while the JPMA represents a well-intentioned legislative intervention, it requires substantial reform and modernization of the jute industry to align with both environmental and economic goals.902 views -
The Intersection of Innovation and the Food Law: A Socio-Legal Analysis
Assistant Professor at Chitkara Law School, Punjab, IndiaPages 1424 - 1435The economic growth of any nation depends on two factors mainly, first its natural marketable resources and secondly on its innovations and creations. In today’s era of globalization, where the market size is huge and so is the competition, protection of innovation is crucial, as this sense of protection works as an incentive for innovators to come up with new ideas. After the TRIPS came into existence in 1995, the value and recognition of IPRs has increased manifold. R&D in every field of trade has proved to be of great importance and the food industry is no exception to it. Food, being the most essential commodity for human survival, also holds an economic value to it, and thus when a food product enters the market carrying with it its special manufacturing technology, uniqueness, and brand name, this technology or method of preparation becomes vulnerable unless protected. This is why the manufacturers turn towards IPR for the protection of their finished goods. Among all available ways to protect food recipes, business houses typically prefer to get them protected through patent and trade secrets, due to their high success rate in protecting food products. This paper analyzes the protection provided to the food industry through IPRs and their social aspects apart from economic ones. Specifically, undertake the protection of ‘food products’ and their recipes through ‘patent’ and ‘trade secrets’ and their pros and cons. The paper will also cover the problems that arise in the international trade of food products due to disparity or absence of laws for the protection of patents and trade secrets in municipal statutes of different countries. Comparative analysis with major economies, like the US and EU in contrast with developing economies like India better clarifies the role of the Food Industry in economic growth.593 views -
The Right to be Forgotten and the Criminal Justice System in India: Balancing Privacy, Public Interest, and Legal Accountability
Assistant Professor at St. Joseph’s College of Law, Bengaluru, IndiaPages 1436 - 1443The Right to Be Forgotten (RTBF), which allows individuals to request the removal of personal data from public access, has gained significant attention in the context of privacy rights and its implications for the criminal justice system. While this right has evolved prominently in Europe under the General Data Protection Regulation (GDPR), its application raises complex issues, particularly in balancing privacy with public interest and freedom of expression. The shift of responsibility for ensuring compliance from governments to private entities in Europe has sparked concerns about inconsistent enforcement and jurisdictional challenges for multinational corporations. Civil-law jurisdictions tend to prioritize privacy, while common-law jurisdictions like the United States give greater weight to freedom of expression, further complicating global compliance. In the Indian context, the RTBF intersects with the criminal justice system in significant ways, especially concerning the erasure of criminal records and personal information that could hinder an individual’s reintegration into society after serving their sentence. While India does not have a comprehensive law on the RTBF, the Justice K.S. Puttaswamy (Retd.) v. Union of India case affirmed privacy as a fundamental right under Article 21 of the Constitution. The Digital Personal Data Protection Act, 2023 further aligns India’s legal framework with international norms, including provisions for erasure of personal data, though challenges remain in balancing privacy with the public’s right to access justice and legal accountability. This article explores the historical, theoretical, and practical foundations of the RTBF in relation to India’s criminal justice system. It examines how the RTBF could affect the handling of criminal records, particularly in terms of rehabilitation and reintegration, while also addressing concerns about transparency and the right of society to access information. The article also considers how the RTBF in India should be reconciled with existing criminal laws, including the principles of public accountability and freedom of speech, ensuring that its application does not undermine the integrity of the justice system.653 views -
Pages 1444 - 1456This research delves into the semantic architecture of residential property decision-making by comparing first-time and repeat homebuyers in Indore, an emergent Tier 2 city experiencing accelerated urbanization. Drawing on the Engel–Kollat–Blackwell (EKB) decision-making model and the Theory of Planned Behavior (TPB) as theoretical scaffolds, the study interrogates how cognitive schemas, behavioral intentions, and social influences are linguistically manifested in consumer narratives. In-depth qualitative interviews with property buyers were systematically coded and analysed using NVivo's advanced word cloud functionality to visually map lexical prominence and semantic clustering. The word cloud outputs revealed salient thematic divergences: first-time buyers predominantly emphasized constructs such as affordability, safety, emotional security, and aspirational homeownership, whereas repeat buyers exhibited stronger lexical patterns around investment potential, value appreciation, locational prestige, and lifestyle enhancement. These differential semantic patterns reflect varying decision heuristics, risk perceptions, and experiential conditioning across buyer cohorts. The integration of visual text analytics within a consumer behavior framework offers a novel methodological contribution, transcending traditional thematic analysis by enabling an immediate and intuitive grasp of cognitive salience and lexical emphasis. The study’s findings underscore the evolving psychological landscape of urban residential markets, where emotional drivers intertwine with rational appraisals, shaped by distinct life-stage priorities and market engagement histories. By illuminating the subconscious and explicit linguistic markers underpinning property purchase decisions, this research provides actionable intelligence for real estate developers, marketers, and urban policymakers aiming to craft segment-sensitive communication strategies and product offerings. The study advances the application of qualitative visual analytics in real estate consumer behavior research, enriching the methodological repertoire for exploring the nuanced intersection of language, cognition, and decision-making.659 views
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Pages 1457 - 1465The involvement of women holds substantial importance in all workplace settings, and it is crucial for every Indian woman entering motherhood to be well-versed in the legal provisions safeguarding maternity rights. The Maternity Benefit Act governs the employment conditions of women in various establishments before and after childbirth. This study delves into the Act's application in India, providing an outline of the prerequisites for availing maternity leave. Additionally, it thoroughly explores the uncertainty surrounding surrogate mothers' eligibility for maternity leave in India. Furthermore, the paper examines whether maternity leave in India is compensated or not and whether there exists the possibility for a woman to extend her maternity leave beyond the legally mandated period. The paper also addresses employers' responsibilities in complying with the Maternity Benefit Act, including penalties for violations. The Maternity Benefit (Amendment) Act of 2017 aims to secure maternity benefits and other related entitlements, enabling pregnant women to sustain their careers while experiencing a safe, healthy, and peaceful period with their families during maternity leave. In essence, it is concluded that women in the workforce should be well-informed about their entitlements concerning motherhood rights within their working environment.519 views
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Unraveling the 1946 Standing Orders Act: A Sectional Journey Guided by Case Laws
Guest Faculty at Government Law College, Salem, IndiaPages 1466 - 1479As a cornerstone of Indian labour legislation, the Industrial Employment (Standing Orders) Act of 1946 was enacted to establish clear and regulated employment conditions within industrial workplaces. Acknowledging the inherent power imbalance between employers and individual employees, the Act requires the formal definition and communication of workplace rules through "standing orders." This mandate ensures transparency, predictability, and fairness across crucial aspects of employment, including worker categories, work schedules, leave entitlements, disciplinary procedures, termination protocols, and grievance resolution systems. The Act details a procedural framework for creating, certifying, and amending these standing orders, necessitating the involvement of employers, workmen (often through their trade unions), and a designated certifying officer. This collaborative approach guarantees that the established rules are examined for fairness and adherence to natural justice principles, thereby preventing their unilateral imposition. The Act also offers "model standing orders" as a standard template, permitting deviations only under specific, officially approved conditions. Over the years, Indian courts have extensively interpreted this Act, with significant case law providing clarity to its various provisions. These judicial pronouncements have addressed key definitions such as "industrial establishment," the respective rights and duties of employers and employees concerning standing orders, the principles guiding disciplinary actions and termination processes, and the legal avenues for challenging unfair application. By considering both the statutory text and its rich history of judicial interpretation, the Act's lasting significance in shaping industrial relations and safeguarding the interests of India's working population becomes evident, highlighting the ongoing commitment to a structured and just framework for industrial employment.1,453 views -
Pages 1480 - 1495Law enforcement stands at the cusp of a significant transformation, driven by the increasing integration of artificial intelligence (AI). This abstract explores the multifaceted impact of AI on policing practices, examining both its potential to enhance efficiency and effectiveness and the critical ethical and societal challenges it presents. AI algorithms are being deployed across various domains, from predictive policing and crime analysis to facial recognition and evidence processing, promising to revolutionize how law enforcement agencies operate. However, the integration of AI into law enforcement is not without significant concerns. Biases embedded within training data can lead to discriminatory outcomes, disproportionately affecting marginalized communities and eroding public trust. The use of technologies like facial recognition raises serious privacy concerns and the potential for mass surveillance. Ensuring accountability and transparency in algorithmic decision-making remains a critical challenge, as does establishing clear legal and ethical frameworks to govern the development and deployment of these powerful tools. This paper argues that a balanced and cautious approach is essential. While AI holds immense promise for enhancing law enforcement capabilities, its implementation must be guided by a strong commitment to fairness, transparency, and accountability.831 views
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FGM as a Cause of Women Harassment
Student at Christ (Deemed to Be University), Pune Lavasa Campus, IndiaPages 1496 - 1502A custom should give pleasure to the people, but female genital mutilation is not such a custom. It provides pain and trauma to satisfy society. Patriarchal society is not an excuse for cruelty to women in society, and the law should safeguard women. Bohra community people have been practicing FGM (Female Genital Mutilation) for thousands of years, performed on children below the age of 15. FGM leads to adverse health conditions. The laws have failed to address the problem faced by the women of these community and mitigate the further propagation of such illegal cultural practice .It is practiced discreetly such that only the mothers and grandmothers of the community are at its core to ensure that the practice is performed year after year, generation after generation, on girls, from infancy to adolescence. FGM causes severe pain, infections, excessive bleeding, and difficulties with wound healing, fever, urinary infections, shock, mental trauma, vaginal problems, menstrual problems, scar tissue formation, sexual problems, and sometimes even death1.669 views -
A Study of Green Marketing
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 1503 - 1525Green marketing is a new miracle which has developed in the global request and has come an important conception in India and other countries. During recent times consumers prefer further environmental friendly products over traditional products and their opinion and preferences has been changed towards the green products because of environmental issues. Green marketing means product, creation and distribution of products and services which are terrain friendly in nature and cover the terrain from its declination. Green marketing is a ultramodern conception and it's espoused by companies and business enterprises due to dangerous effect on the terrain. This exploration paper explains the conception of green marketing, elaboration of green marketing, green marketing blend, and challenges of green marketing and also explains the companies who are espousing green strategy in the request and also explains the factors which can impact the green marketing. This exploration paper is descriptive in nature and grounded on secondary sources which are collected from different sources similar as books, websites, papers and exploration paper.594 views -
The Role of Athlete Education in Preventing Doping and its Legal Aspects
Student at Christ University Delhi NCR, IndiaPages 1526 - 1533This study explores the pivotal role of athlete education in combating doping in professional sports, emphasizing its preventive value and legal implications. Doping, the use of prohibited substances or methods to enhance performance, poses significant ethical, health, and reputational challenges. Despite rigorous testing and enforcement by bodies like the World Anti-Doping Agency, doping persists, often due to athletes’ unawareness, cultural pressures, or inadequate educational frameworks. This research examines how holistic, value-based educational programs, which prioritize personal integrity and fair play, compare to traditional information-based approaches in shaping athletes’ attitudes toward anti-doping policies. A literature review indicates that well-structured educational initiatives enhance athletes’ perceptions of policy legitimacy, trustworthiness, and procedural fairness, fostering voluntary compliance with anti-doping measures. The study also navigates the complex legal landscape, particularly the strict liability standard, which holds athletes accountable for banned substances in their bodies, regardless of intent. While this principle ensures fairness, it has drawn criticism for harsh penalties in cases of unintentional doping, such as through contaminated supplements, prompting calls for balancing enforcement with athletes’ rights. By integrating insights from ethical and legal scholarship, this paper advocates for comprehensive educational reforms to address knowledge gaps and cultural influences, ultimately reducing doping incidents. The findings underscore the need for a synergistic approach combining robust education with equitable legal frameworks to uphold the integrity of sports while safeguarding athletes’ well-being.602 views -
Adapting Patent Law for Emerging Technologies in India: Challenges and Opportunities
Student at Barkatullah University, IndiaPages 1534 - 1547As India progresses towards technological advancement, the need to adapt patent law becomes paramount to promoting innovation and competitiveness. This paper delves into the challenges and opportunities associated with adapting patent law to accommodate emerging technologies in India. The evolution of patent law in India is crucial to providing adequate protection and incentives for innovators. However, the current legal framework may not fully address the complexities of emerging technologies, leading to ambiguities and loopholes that hinder innovation. Rapid advancements in fields such as artificial intelligence, biotechnology, and blockchain pose unique challenges to traditional patent law. These technologies often blur the lines between inventions, raising questions about patentability, disclosure, and enforcement. One of the primary challenges is the lack of clarity in patent eligibility criteria for emerging technologies. The absence of specific guidelines leads to uncertainty among innovators and potential patent applicants, hindering investment and innovation in these sectors. Despite challenges, adapting patent law presents significant opportunities for India to strengthen its position as a global innovation hub. By introducing specialized patent courts, encouraging collaboration between industry and academia, and embracing international best practices, India can create an environment for encouraging innovation and attract foreign investment. In conclusion, adapting patent law for emerging technologies in India requires a comprehensive approach that addresses challenges while leveraging opportunities to promote innovation and economic growth.924 views -
Compassionate Rehabilitation for Drug Users and Strict Action against Traffickers: A Legal Analysis under the NDPS Act, 1985
Assistant Director at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, Andhra Pradesh, IndiaPages 1548 - 1585India's drug policy under the NDPS Act, 1985, balances strict enforcement against traffickers with rehabilitative measures for addicts. The legal framework evolved from the British-era Dangerous Drugs Act, 1930, to the proactive NDPS Act, 1985 integrates deterrence, public awareness, and rehabilitation efforts. Key provisions like Sections 39 and 64A allow probation and immunity, respectively, for addicts seeking de-addiction treatment, distinguishing punitive measures from rehabilitative approaches. Institutional support from the Ministry of Health & Family Welfare and the Ministry of Social Justice & Empowerment drives rehabilitation programs such as Nasha Mukt Bharat Abhiyaan. Despite these, challenges persist, including societal stigma, inadequate infrastructure, etc. The article advocates a balanced approach that strengthens rehabilitation while maintaining effective deterrence against illicit drug trade.658 views -
Deepfake Technology in Cinema: Legal and Ethical Implications
Student at Christ University, IndiaPages 1586 - 1597This research paper gives an important examination of the intersection that develops rapidly between Deepfake technology and cinematic art, which highlights both its transformative ability and legal and moral dilemmas. Deepfake operated by refined artificial intelligence and machine learning algorithms, rapidly deployed in film production-for objectives such as Digital D-aging actors, re-alive the deceased artists, and increase the visual story through the hyper-ethics simulation of the face and voice. While these technological progresses open new frontiers in creative expression and cinematic innovation, they simultaneously give rise to complex legal and moral questions ownership of consent, digital identity and equality. This study examines that the current legal structure - in India and internationally - affect these emerging issues, especially in the context of intellectual property rights, personality rights and data protection laws. In addition, it examines the adequacy of the existing law in regulating deepfake applications in the film, and identifies significant intervals that can expose artists and filmmakers for potential exploitation or misuse. From a moral perspective, the paper also examines the limitations of acceptable use, the authenticity, the implications for the integrity of the audience and the integrity of the creative process. By synthesizing the case studies, legal analysis and scholars' approaches, the purpose of this paper is to provide a wide understanding of the impact of Deepfake technology on cinema and is a lawyer for a balanced approach - which promotes innovation by maintaining fundamental legal rights and moral standards.1,499 views -
Green Leasing: A Global Perspective on Sustainable Property Law
Student at National Law University Jodhpur Rajasthan, IndiaPages 1598 - 1617This research project delves into the concept of green leasing, an innovative and sustainable approach to property leasing that aligns with global environmental goals. As a relatively new concept, green leasing integrates eco-friendly practices into lease agreements, promoting energy efficiency, resource conservation, and environmental responsibility. This study explores the definition, legal framework, and role of green leases in property law, while examining their impact, advantages, and challenges on a global scale. Through a comprehensive analysis of case studies, this project highlights the practical implementation of green leases and their influence on property law. It also investigates the potential for future reforms to address existing challenges and enhance the adoption of green leasing practices. The research maintains a neutral and objective stance, free from bias or prejudice, aiming to provide a balanced understanding of whether green leases should be widely adopted. By introducing the fundamental principles of green leasing and evaluating its viability, this project contributes to the ongoing discourse on sustainable property management and offers valuable insights for policymakers, legal professionals, and stakeholders in the real estate sector.699 views -
Community Land Rights vs Private Ownership
Student at Amity Law School, Noida, IndiaPages 1618 - 1634Land, as a fundamental resource, underpins human existence, economic development, social structures, and cultural identities. The manner in which rights to access, use, manage, and control land are defined, allocated, and enforced profoundly shapes societies. Two dominant, yet often contrasting, paradigms of land tenure govern these relationships: private ownership and community land rights. Private ownership, characterized by individualized, exclusive, and transferable rights, has become a cornerstone of many modern legal and economic systems, particularly in the Western world and increasingly promoted globally. It is often associated with economic efficiency, investment security, and individual autonomy. Conversely, community land rights encompass a diverse array of systems where land is held, managed, and utilized collectively by a group, often based on customary norms, traditions, and shared identities. These systems are prevalent among indigenous peoples and local communities worldwide, emphasizing social cohesion, equitable access, sustainable resource management, and cultural continuity. This paper provides an introductory exploration of these two fundamental approaches to land tenure. It delves into the conceptual underpinnings, historical evolution, theoretical justifications, socio-economic implications, and inherent complexities associated with both private land ownership and community land rights. Furthermore, it examines the dynamic and often contentious interface between these systems, particularly in contexts where formal legal frameworks prioritizing private property intersect with long-standing customary tenure arrangements. The paper aims to illuminate the distinct characteristics, strengths, and weaknesses of each system, fostering a nuanced understanding of their roles in contemporary land governance challenges, including poverty alleviation, environmental sustainability, social justice, and conflict resolution. Ultimately, it underscores the critical need for context-sensitive approaches that recognize the legitimacy and value of diverse tenure systems in promoting equitable and sustainable development.943 views -
Case of Charles Taylor from the Perspective of International Criminal Responsibility on Crimes against Humanity
Student at Christ University, Pune, Lavasa, IndiaPages 1635 - 1644An important body of jurisprudence regarding the idea of individual criminal responsibility in crimes against humanity was established by the Charles Taylor case, which is a landmark in international criminal law. In 2012, the Special Court for Sierra Leone found former Liberian President Taylor guilty of aiding and abetting war crimes and crimes against humanity committed by the Revolutionary United Front (RUF) in Sierra Leone. Even though they did not directly commit the murders, his trial showed how international legal concepts might be used to hold powerful political figures responsible for atrocities. Important legal ideas, such as assisting and abetting culpability, command responsibility, and the threshold for individual criminal responsibility, were reaffirmed by the Taylor case verdict. The prosecution was successful in its claim that Taylor gave the RUF material, logistical, and financial support, allowing crimes against humanity to be committed. According to the court's ruling, indirect participation—whether through encouragement, facilitation, or resource provision—qualifies as guilt under international law. The paper examines Taylor's trial from the standpoint of personal criminal culpability, evaluating the facts, the legal system, and the court's reasoning that resulted in his conviction. It also assesses the case's wider ramifications for international law, specifically with regard to the part played by political figures in disputes and the accountability systems put in place by international courts. The report states that Taylor's conviction established a precedent for future trials of state leaders involved in serious human rights violations and maintained the idea that aiding and abetting war crimes and crimes against humanity is a necessary basis for individual criminal responsibility. When evaluating the efficiency of international justice systems and their contribution to preventing future crimes against humanity, the case serves as a crucial point of reference.621 views -
Pages 1645 - 1662Financial distress happens when a company consistently experiences significant losses or when it becomes bankrupt, meaning its debts outweigh its assets. However, there are various factors related to methods and practices which contribute to the significant number of bankruptcy and other financially troubled situations that company encounter. The study aims to construct an accurate prediction model of financial distress of the firms and improve insolvency control with the help of diverse financial signals. Conducting the research within the descriptive and exploratory research framework, the study includes both the qualitative and quantitative data and primarily uses the financial reports and industry analysis data. The study also underscores the importance of identification of the financial disorders especially at initial- stages in view of newly evolved environment of insolvency reform and India’s Insolvency and Bankruptcy Code, 2016. The rationale of this legislation is to modernise insolvency procedures and restore public credibility to insolvent businesses’ creditors. The proposed model moves such financial indicators as insolvency filings, the financial distress scores and differentiates them from other financial indicators which include profitability and liquidity for the evaluation of the financial position of a company. The conclusions’ purpose is to help the commercial undertakers and policymakers who need this fundamental data to balance and reduce the risks involved in the expenditure of resources and the timely planning of the future.615 views
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A Fresh Look at Human Resource Management in Indian Industries and its Impact on Employees
Assistant Professor at Faculty of Management, Unity P.G. College, Lucknow, U.P., IndiaPages 1663 - 1667Human Resource Management (HRM) has become a key player in how companies grow and succeed—especially in India, where industries have been changing fast due to globalization, new technologies, and a younger, more dynamic workforce. This article explores how HRM is currently being practiced in Indian companies and what kind of impact it's having on employees. We’ll look into what HR departments are focusing on, what challenges they’re dealing with, and how all this is affecting employee performance, job satisfaction, and loyalty. To back it up, we’ve reviewed a decade’s worth of research to see what the experts have found.716 views -
This article examines the Indian economy in light of the unparalleled global financial crisis, which began in the United States but has now evolved into the greatest economic downturn since the Great Depression. The Indian economy was already weakening before the global crisis hit, so the timing of this external shock could not have been worse. The study conducted for this article indicates that the global crisis is expected to reduce India's GDP growth rate significantly. This will be a major problem that will necessitate immediate and persistent governmental attention in order to prevent the downturn from becoming excessively extended. GDP (Gross domestic product) has filled in as a workhorse in experimental work that actions total result and monetary development. More elevated levels of creation are expected to mean more elevated levels of prosperity, and Gross domestic product is frequently taken to be a proportion of total monetary government assistance. I evaluate the presentation of Gross domestic product as an intermediary for social government assistance by contrasting it with a Bergson-Samuelson social government assistance capability. Provincial information distributed by the Department of Monetary Investigation (BEA) are utilized to contrast levels and patterns of Gross domestic product and elective proportions of social government assistance determined for the four significant Evaluation districts of the US. The focal end is that in any event, for inside country examinations, Gross domestic product gives an off base image of relative government assistance levels and long-run patterns of social government assistance.660 views
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IHL before the Establishment of the ICRC: Plurality, Diversity and Continuity
Associate Professor at NLU Assam, IndiaPages 1680 - 1695The laws of armed conflict (international humanitarian law/IHL) constitute an important part of international law. The development of international treaties relating to this field is said to have started from 1860s onwards when Henry Dunant formed the Committee of Five which was later on renamed as the International Committee of the Red Cross. Much of the historical accounts on the laws of armed conflict concentrate on the Eurocentric development of the law from this period, and the ancient codes on war formulated across the globe are largely ignored or given a cursory treatment. Continuance of problematic aspects of the old norms in the present times has also received less attention. Therefore, the author first seeks to discuss the primitive fighting practices in feuds. Subsequently, an attempt is made to trace the elements of compassion during war in the ancient times and explore the origin and growth of the laws of armed conflict in different parts of the world in the past. Though, such attempts have been made earlier also, however, the present account covers a wider variety of early codes and contribution of philosophers. Additionally, it tries to underscore how the problematic foundations of early codes continue in the modern law also. The article, thus, aims at contributing to the existing literature on the non-European origins of the laws of armed conflict and highlights the continuity of the past.630 views -
Competition Law in Transition: A Comparative Study of the Competition Laws in US, UK, and India-
Assistant Professor at Vels Institute of Science and Technology, IndiaPages 1696 - 1700This paper examines the historical evolution and transitional trends in competition law across three major jurisdictions—the United States, the United Kingdom, and India. Through a comparative lens, it highlights how each legal system has responded to domestic and global economic developments, with a focus on institutional frameworks, statutory developments, and enforcement patterns.856 views -
Sacred Waters, Legal Rights: Reconceptualizing Personhood for Indian Rivers in the Anthropocene
Assistant Professor at Bharata Mata School of Legal Studies, Aluva, Ernakulam, IndiaPages 1701 - 1722This article examines the emerging jurisprudential concept of granting legal personhood to rivers in India, a nation where waterways hold profound religious and cultural significance while simultaneously suffering severe environmental degradation. The analysis contextualizes India's judicial experiments with river rights within the broader global movement toward rights of nature. Through critical examination of landmark cases, particularly the short-lived recognition of the Ganges and Yamuna rivers as legal persons by the Uttarakhand High Court, this article identifies both the revolutionary potential and practical limitations of applying legal personhood to natural entities. The study interrogates theoretical justifications for river rights through multiple lenses: Hindu cosmology and religious traditions that venerate rivers as divine; indigenous ontologies that conceptualize non-human entities as relational beings rather than resources; and Western legal frameworks that have historically limited personhood to humans and corporations. The article argues that while legal personhood for rivers represents a paradigm shift in human-nature relationships, significant doctrinal and implementation challenges persist. These include questions of standing, representation, liability, jurisdictional fragmentation, and enforcement mechanisms. Nevertheless, this jurisprudential innovation offers promising pathways for reimagining environmental governance in ways that might better protect vital ecosystems. The article concludes that granting legal personhood to rivers requires reconceptualizing fundamental legal categories while simultaneously developing robust institutional frameworks capable of giving practical effect to these novel rights.805 views -
A Study on Forex Laws and Banking Facilities available for Non-Residential Indians and Persons of Indian Origin
Assistant Professor at Vels School of Law, Vels Institute of Science, Technology and Advanced Studies, IndiaPages 1723 - 1735The foreign Exchange Regulation Act (FERA) enacted in the year of 1973 managed the cash inflow and outflow beyond the borders of the country. Due to the poor economic conditions in the early post independence period, the FERA was stringent so that the cash outflow beyond the borders of India was regulated strictly to protect the economy. But at the wake of the economic reforms in the early 21st century needed a more flexible and lenient regulation in the area of Foreign exchange to enable easy credit inflow and outflow for business and other financial transaction purposes. The FERA was replaced by the Foreign Exchange Management Act (FEMA) in 1999. The FEMA rules does not allow a Non residential Indian or a Person of Indian origin to hold a savings bank account but has other facilities like a Non - Residential Indian Ordinary Rupee Account, Non - Residential Indian External Rupee Account, Foreign Currency Non - Resident Account. The aim of the paper is to know about the legislations regarding the Non Residential Indian Banking. The problem is to find the facilities available for the NRI in the area of banking that would benefit the NRI and the Indian Foreign Exchange. The researcher uses a descriptive method. The author has analysed the paper through the doctrinal research methodology. Secondary data including research papers, journals, case laws, books and online articles have been referred. The paper concludes that the NRI banking facilities are favourable for the NRI.704 views -
Pages 1736 - 1744Theories of justice has always been a point of debate, especially in modern times, where, with the advent of emerging crimes, varying perspectives have developed regarding which model suits best for combating delinquency. In this research paper, the authors are going to explore the societal understanding of criminal misconduct and administration of criminal justice and theories of punishment with its relevance in administration of criminal justice in India. This paper also studies the foundational approaches to punishment, focusing particularly on the retributive, deterrent, and reformative theories. The retributive theory of justice stems its roots from the notion of vengeance, where it follows the ‘an eye for an eye, a tooth for a tooth’ ideology, wherein if someone commits a certain crime, they ought to be punished proportionate to the severity of that offence. While the reformative theory bases its origin from the Sociological School of Jurisprudence under Rudolf von Ihering, it mainly focuses on the rehabilitation of the offender, and aims to reclaim him back as a valued citizen. Deterrent theory intends to warn the offender, emphasizing on maintenance of social order by the infliction of fear in the minds of potential criminals. This paper analyses the aforementioned theories, highlighting their fortes and drawbacks in the modern justice framework, emphasizing on the fact that a singular approach of theory of justice will prove to be insufficient to curb the complex nature of criminal behaviour. This paper settles that an amalgamated component of retributive, reformative, and deterrent theories is vital, and contributes to safeguarding justice, which can also be transformative and will act as a shield towards preventing the occurrence of crime in society.1,191 views
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Implications of Autonomous Vehicles for Law and Ethics
Student at Christ Deemed to be University, IndiaPages 1745 - 1750Autonomous vehicles represent a transformative advancement in transportation technology, promising increased safety, efficiency, and convenience. However, the widespread adoption of autonomous vehicles brings forth a myriad of legal and ethical implications that require careful consideration. This research paper explores the multifaceted dimensions of autonomous vehicles in the context of law and ethics. The paper delves into issues such as liability, privacy, regulatory frameworks, and the ethical dilemmas surrounding decision-making algorithms in autonomous vehicles.613 views -
Pages 1751 - 1763Intergenerational bonding is crucial in fostering social cohesion, transmitting cultural values and ensuring emotional well-being across different age groups. This paper explores the significance of intergenerational relationships, factors influencing bonding, challenges in maintaining these relationships and policy implications for strengthening them. Through a review of existing literature and empirical studies, this paper highlights how intergenerational interactions contribute to societal wellbeing and proposes measures to enhance these relational ships, particularly in the elderly care and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.858 views
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Artificial Intelligence in the Cyber Battlefield: Legal Challenges in Liability, Attribution, and Forensic Evidence
LL.M. Student at IILM University, Greater Noida, IndiaPages 1764 - 1778Artificial Intelligence (AI) is rapidly reshaping the nature and intensity of cyber threats, enabling attackers to launch autonomous, adaptive, and anonymised digital assaults across jurisdictions. The rise of intelligent malware, algorithmic disinformation, and self-evolving cyber intrusions has introduced unprecedented complexity into legal doctrines of attribution, liability, and evidence. This paper critically examines the legal challenges emerging from the use of AI in cyberwarfare, particularly in the Indian context. It explores whether traditional principles of tort law and statutory cyber regulation are equipped to handle scenarios where harm is caused by autonomous systems rather than human actors. The evidentiary and forensic difficulties in identifying perpetrators, preserving digital integrity, and establishing intent in such cases are analysed in light of existing laws such as the Information Technology Act, 2000 and the Indian Evidence Act, 1872. Through doctrinal study, real-world illustrations, and comparative analysis with international frameworks including the Tallinn Manual, the EU AI Act, and United States cybersecurity policy, this research proposes reforms in legal structure, evidentiary standards, and institutional architecture. It concludes that India’s preparedness for AI-enabled cyber warfare remains doctrinally underdeveloped and institutionally fragmented, necessitating urgent legal innovation and forensic modernisation to uphold digital sovereignty and the rule of law in the algorithmic era.761 views -
Rethinking Equal Pay for Equal Work: A Socio-Legal Perspective and Study
Associate Professor at IISWBM Kolkata & Guest Lecturer at Deptt of Law, University of Calcutta, IndiaPages 1779 - 1784Article 39 of the Constitution of India which is a part of the Directive Principles of State Policy is an instrinsic part of its Basic Structure. Inter alia, this Article mandates that equal pay for equal work for both men and women is to be secured by the state by implementing this policy. The Equal Remuneration Act 1976 is a law that implements Article 39, as a suitable response to mitigate past injustice done to women workers who typically had lower wages and limited opportunities in workplaces. The Code on Wages 2019 – as a Labour Code is expected to carry forward this equitable principle. This article probes from a research perspective how modern employers are displaying a silent reluctance, often citing how a multitude of non-negotiable leaves such as Child Care Leave, maternity leave and now menstruation leave often means that women workers are putting in lesser number of working days and HR has a tough time to keep the workplace running. HRIS systems and payroll functions often interpret this positive discrimination as additional workload for male counterparts. Is this Inclusion and Diversity or protected bias? This article will explore the neo-socio-cultural and postmodern socio-economic perspectives associated with this conundrum.787 views -
This paper explores the legal implications for gig workers in India, focusing on their rights and protections. The term "gig" denotes work performed outside traditional employer-employee relationships, encompassing temporary, freelance, project-based, and contractual roles. The study examines the evolving global legal landscape concerning gig workers and highlights the urgent need for regulatory frameworks in response to the growing gig workforce, which now surpasses traditional employment in some sectors. While the gig economy offers flexibility, it raises critical issues regarding worker classification and access to basic labor rights, such as paid leave, health benefits, and minimum wage. As gig workers are typically classified as independent contractors, they lack the protections afforded to formal employees. This paper underscores the necessity for updated legislation that ensures fair treatment while maintaining business adaptability in a rapidly changing labor market. Ultimately, it addresses the diverse nature of gig work and the legal reforms required to support it.722 views
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A Comparative Analysis of Indian and US Competition Law with regards to Unfair Trade Practices and its Enforcement Mechanism
Assistant Professor of Law, VISTAS, IndiaPages 1797 - 1810India and the United States are the world's two largest economies, with India's GDP standing at ₹173.82 lakh crore and the United States' GDP at $28.269 trillion for the year 2023-24. As two of the world's leading economies, India and the United States each have their own approaches to maintaining a marketplace free from Unfair Trade Practices (UTP) and monopolies. In this Research paper, the doctrinal method of study has been implemented to see how each country uses its own legal strategies and framework to restrict the UTP specifically in relation to misleading advertisements and promote the competition. In India, The Competition Commission of India was established under the Competition Act of 2002 which aim to prevent anti-competitive acts, promote market competition, safeguard consumer interests and ensure free trade. It further aims to achieve these objectives through two primary strategies, i.e., advocacy and enforcement. Advocacy aims to raise awareness and provide training on competition issues, whereas enforcement targets businesses to ensure compliance. Together, these activities aim to foster fair competition and improve consumer welfare in Indian marketplaces and strictly prohibit anti-competitive agreements, abuse of dominant position and certain combinations. In United States of America, the Congress passed the Sherman Act, in 1890, the first antitrust law, to promote open and unrestrained competition. This was followed by the Federal Trade Commission Act and the Clayton Act in 1914, which, along with the Sherman Act, serve as the cornerstone for current federal antitrust legislation. These statutes ban unlawful mergers and business operations and courts interpret their application based on individual instances. This paper aims to critically analyze how these rules have evolved over the last century in both the countries to meet the needs of evolving markets and to preserve consumer fair competition by encouraging efficient business operations, lowering prices, and maintaining high standards.922 views -
Caste Discrimination in Indian Prisons: A Critical Analysis with special reference to Sukanya Shantha v. Union of India
Assistant Professor of Law at Baba Kundan Singh Memorial Law College, Jalalabad, PunjabPages 1811 - 1817This paper examines the issue of caste-based discrimination within India's prison system, focusing on the legal, constitutional, and ethical concerns that perpetuate such practices. Despite the abolition of Untouchability and the constitutional guarantee of equality, caste discrimination continues to persist in various forms, including the segregation of prisoners, caste-based assignments of labor, and the use of caste labels. Through the lens of the case Sukanya Shantha v. Union of India, this paper highlights the systemic challenges that hinder the eradication of caste-based bias in prisons. It explores the constitutional framework, including Articles 14, 15, 17, and 21, which mandate equality and human dignity for all citizens, including prisoners. The paper further analyzes the limitations of existing legislation, such as the Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and examines the role of judicial intervention in addressing these injustices. Finally, it outlines several key recommendations for reform, such as the updating of the Model Prison Manual, sensitization training for prison staff, strengthening grievance redressal mechanisms, and increasing judicial oversight to ensure that India's prisons comply with constitutional principles and uphold the dignity of all inmates.877 views -
India’s Economic Landscape: A Journey towards ‘Viksit Bharat’
Assistant Professor at DES's Shri Navalmal Firodia Law College, Pune, IndiaPages 1818 - 1823Ancient Indian economy has always been revered for its rich, glorious and ‘golden’ economic past. It is known to have flourished and enjoyed enormous economic prosperity for over 2700 years, especially during the era of Indus Valley civilization, Mauryan, Gupta & Mughal Empires among the others. It had emerged as the largest economy in the world starting from first millennium BCE until 1720 AD. But however, post-Independence, modern Indian economy is marred with numerous socio – economic problems such as poverty, unemployment, economic inequality, insufficient infrastructure etc. Successive governments from time to time have come up with various policies and measures to deal with these issues, but these problems continue to pose a challenge to our economy even today. Despite these challenges, Indian economy has managed to become fifth largest economy in the world. However, India’s performance on various development indicators such as Human Development Index (HDI) is not that encouraging. Going ahead, for Indian economy to emerge as ‘Viksit Bharat’, and regain its rich, glorious and golden economic status, it has to ensure that its economic growth is converted into ‘development for all’ on a sustained basis. For that, it has to reflect upon and learn from the strategies, policies and nature of governance of ancient India, and design suitable policies and measures for present time. The present paper aims to retrospect India’s economic past, deal with current economic situation and assess various possible measures that can be taken to ensure ‘fruits of economic growth’ reaches to various sections of the economy, so that Indian economy transitions from being a ‘developing nation’ to a developed nation. The current paper specifically focuses on areas of governance, which ensures increased transparency and accountability, needed for effective implementation of policies and skill – development which enhances employability and augments sources of livelihood.848 views -
The 2025 NCLAT Verdict on WhatsApp’s Privacy Policy: Unraveling the Competition Conundrum
Student at Amity Law School, Noida, Amity University, Uttar Pradesh, IndiaPages 1824 - 1832This case comment presents a detailed yet context-aware analysis of the Competition Commission of India’s (CCI) pivotal order dated 18 November 2024, in the matter involving Meta Platforms Inc., the parent entity of WhatsApp. In a significant departure from earlier practice, the CCI recognised that violations involving data privacy and coercive consent structures may amount to abuse of dominance under the Competition Act, 2002. The Commission imposed a penalty of ₹213.14 crore on Meta and directed a five-year suspension of WhatsApp’s data-sharing practices for advertising purposes. This ruling signals a broader shift in the antitrust landscape in India, where privacy is being reimagined as a non-price parameter central to assessing competitive harm. The comment undertakes a doctrinal inquiry, analysing the factual background, interpretive strategies, and legal reasoning adopted by the CCI. It reflects on how this decision could reshape regulatory frameworks and judicial interpretations in digital markets going forward. A comparative perspective is also explored particularly developments in the European Union, where the Bundeskartellamt has taken a pioneering stance on aligning data protection with antitrust, and in the United States, where the Federal Trade Commission is cautiously evolving towards integrated digital oversight. The piece also considers the growing institutional tensions, particularly those resulting from overlapping jurisdictions between the CCI and India’s Digital Personal Data Protection Act, 2023. These tensions raise complex questions around regulatory coordination. Furthermore, the interim stay granted by the National Company Law Appellate Tribunal (NCLAT) is critically examined, especially in light of its potential consequences for platform accountability and fair access in digital markets. In essence, the Meta-WhatsApp case marks a doctrinal inflection point in Indian competition law, reflecting a gradual but meaningful realignment towards frameworks that are more attuned to the realities of data-driven economies and the evolving intersections between market power, privacy, and digital governance.912 views -
Right to Education and Legal Frameworks Ensuring Literacy
LL.M. Student at Government Law College, Coimbatore, IndiaPages 1833 - 1840Education is an indispensable human right and a critical catalyst for socio-economic development and democratic governance. India’s legal framework has progressively elevated the importance of educational access, transitioning it from a policy aspiration to a legally enforceable guarantee underscoring the nation’s resolve to advance equal opportunity and social inclusion. This chapter critically examines the constitutional provisions, landmark judicial interpretations, and legislative frameworks most notably the “Right of Children to Free and Compulsory Education Act, 2009” that collectively underpin India’s educational landscape. It further analyses prevailing policy initiatives, including the transformative “National Education Policy 2020”, and situates India’s domestic legal regime within international human rights commitments. The discussion highlights persistent challenges such as infrastructural deficits, social exclusion, and limited legal coverage, underscoring the need for comprehensive reforms. Ultimately, the chapter advocates for strengthened legal mandates, expanded age coverage, and inclusive implementation strategies to realize universal literacy as both a constitutional guarantee and a developmental imperative.690 views -
Pages 1841 - 1858The rapid digitalization of society has created both opportunities and vulnerabilities for children and adolescents, who are increasingly becoming active participants in the digital world. While often perceived as victims of online threats, minors are now also emerging as perpetrators of cybercrimes, including hacking, cyberbullying, identity theft, and ransomware attacks. This research examines the global rise in juvenile cybercrimes, driven by technological accessibility, anonymity, and inadequate digital literacy, especially in underdeveloped regions. Drawing upon international case studies and data from INTERPOL, ENISA, and UNODC, the paper highlights a 37–45% rise in youth cyber offenses over the past decade. Through a comparative legal analysis of India, the European Union, and Commonwealth nations, the paper explores how juvenile justice systems reconcile enforcement with rehabilitation. Cyber Framework, in fostering transnational collaboration. A central focus of the research is on child-centric cybersecurity education as a preventive tool. Programs like India's Cyber Swachhta Kendra, the EU's Better Internet for Kids, and Singapore’s Digital Defence campaign are evaluated for their effectiveness. Barriers to implementation—such as the digital divide, curriculum gaps, and lack of trained educators—are also critically examined. The study concludes with policy recommendations emphasizing the integration of cybersecurity education, international legal harmonization, and rehabilitation-focused juvenile justice models. Addressing juvenile cybercrime requires a multi-pronged, globally coordinated approach that protects children while empowering them to be responsible digital citizens.910 views
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Analysing the Appeal Process for Death Penalty Cases in India.
Student at O.P. Jindal Global University, IndiaPages 1859 - 1866This paper delves into the legal, ethical and critical dilemma of death penalties in India, portraying its necessity in several cases (‘rarest of the rare’) while also accounting for arbitrary misuse and rigorous, stringent policies to keep them in check with the help of critically analyzing the provisions and through examination of landmark judgements of Bachan Singh v. State of Punjab and Chandra Mohan Tiwari V. State of MP and provisions like section 354 of the CrPC. This paper aims to explore the aspect of the appeal process and the hurdles faced by the convicts. Moreover it also analyses the impact such procedures and decisions have not just on the families and immediate close relations of the convict but on the society at large. Over the years, there have been several indisputable passing of death penalties passed by the trial court. Hence, Through this paper I wish to tackle not just the issue of arbitrary issuance of penalties but also the tardy and excruciating appeal process to counter. One needs to be mindful and understand the gravity of the punishment and the kind of precedent it sets on the society and this paper formulates it by talking about the nirbhaya case and the timeline of the evolving jurisprudence surrounding death penalties.817 views -
Pages 1867 - 1880This article examines parallel threats to judicial independence in the United States and India through a comparative institutional analysis framework. Where previous scholarship has focused predominantly on constitutional structures, this research interrogates subtler mechanisms of influence that compromise judicial autonomy. In the American context, we analyze the Trump administration’s unprecedented rhetorical and procedural challenges to judicial authority (2017-2025), revealing how executive antagonism tested institutional resilience. Concurrently, in India, we investigate the phenomenon of post-retirement governmental appointments as potential instruments of judicial capture, examining empirical correlations between pro-government rulings and subsequent sinecures. Despite divergent constitutional traditions and political cultures, both democracies demonstrate alarming vulnerability to executive encroachment—through confrontational delegitimization in the US and accommodationist incentivization in India. This analysis contributes to contemporary discourse on democratic backsliding by identifying these parallel threats as symptomatic of broader institutional erosion. We conclude by proposing targeted reforms: legislative clarifications regarding executive constraints and appointment process depoliticization in the US context; mandatory “cooling-off” periods and transparent appointment protocols in India. These findings underscore the precarious position of judicial independence in established democracies and highlight the necessity of renewed vigilance against both overt and subtle forms of influence.831 views
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Pages 1881 - 1900The paper examines the vital role that leniency programs play in breaking up cartels in various countries, with an emphasis on the US, EU, and India. It looks at the intricacies of leniency policies, emphasizing the "leniency plus" and "penalty plus" systems in the US and Australia, which allow businesses who reveal more cartel activity to get less fines. According to the research, the leniency provisions of Indian competition law are based on EU legislation, but they also call for additional growth along the lines of the US system. The limited success of India's leniency policy, as seen by the relatively small amount of leniency orders granted in comparison to the US and EU, is a primary reason for concern. Drawing on the US's more successful leniency policies, the paper also highlights the necessity of clear rules and incentives to entice businesses to come forward with information on cartel activity. It also discusses the topic of discovery orders and information exchange in global settings, pointing out the different strategies used by Australian and US courts. In order to improve India's ability to tackle anti-competitive conduct, the research concludes by recommending that its leniency framework be strengthened.547 views
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Justice Delayed is Justice Denied: Transforming India’s Courts through Innovative Efficiency Reforms
Student at Thakur Ramnarayan College of Law, Mumbai, Maharashtra, IndiaPages 1901 - 1921The Indian judiciary faces a profound crisis of pendency, with cases languishing in courts for years or even decades, creating a fundamental barrier to access to justice for citizens across socioeconomic groups. Despite constitutional guarantees of timely justice, the significant delays undermine public confidence in the rule of law and hinder economic development. This research investigates the structural and procedural causes of judicial delays in India, identifying several key factors: severe understaffing of judicial positions, inadequate court infrastructure, archaic procedural laws, excessive adjournments, limited technological adoption, and increasing litigation volumes. The study employed a mixed-methods approach combining analysis of case progression patterns across multiple states, field observations in district courts, and structured interviews with judges, advocates, and litigants. The findings revealed that delays stem from systemic issues rather than individual shortcomings, with interconnected factors creating compounding effects. Our research proposes a multi-faceted solution framework incorporating judicial capacity expansion, procedural code modernization, technology integration through comprehensive e-courts initiatives, specialized benches for case-type efficiency, and strengthened alternative dispute resolution mechanisms. By addressing both the immediate operational inefficiencies and underlying structural challenges, this framework offers a pathway toward meaningful court reform that balances efficiency with justice quality. This research provides a roadmap for policymakers and judicial administrators committed to transforming India's courts from institutions of delay to exemplars of timely justice delivery.940 views -
Balochistan in Crisis: The Ongoing Human Rights Catastrophe
LL.M. student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, IndiaPages 1922 - 1937This article explores the enduring human rights crisis in Pakistan’s Balochistan province, where a combination of enforced disappearances, extrajudicial killings, and economic marginalization has triggered a prolonged and intensifying insurgency. Beginning with the controversial 1948 annexation of Kalat, the analysis traces the historical roots of Baloch grievances and examines the structural inequalities that underpin the province’s conflict with the central government. Special focus is given to the militarization of the region, the rise of “kill and dump” tactics, and the repression of digital activism through legislation like PECA 2025. The paper also investigates gender-based exclusion and sectarian violence, especially against the Hazara community, to illustrate the multidimensional nature of state violence. Drawing on both statistical data and firsthand accounts, this study contends that genuine reconciliation will require more than just security operations—it demands accountability, cultural recognition, and structural reform grounded in justice and democratic inclusion.863 views -
Bridging Traditions: A Critical Analysis of the Civil–Common Law Divide in International Arbitration
Advocate in IndiaPages 1938 - 1943The debate surrounding the divide between civil and common law traditions in international arbitration continues to shape procedural expectations and normative choices in arbitral practice. This article critically examines two influential perspectives on the subject—Pierre Karrer’s position that experienced arbitrators transcend the civil–common law divide, and Andreas Respondek’s call for integrating civil law principles to improve efficiency. While Karrer downplays the practical implications of procedural diversity, Respondek critiques the entrenched influence of common law methods in arbitration practice. Through a comparative analysis of their arguments, this article interrogates the persistence of procedural tensions in international arbitration and explores the scope for reconciling flexibility with efficiency in arbitral design.843 views -
Pages 1944 - 1961The Rule of Law, a cornerstone of modern liberal democracies and a benchmark for just governance globally, is not a static monolith but a concept that has undergone profound evolution over millennia. This article traces its complex trajectory, beginning with ancient precursors in Mesopotamia, Greece, and Rome that established foundational ideas of codified law, fairness, and limits on power. It examines the critical contributions of the medieval period, particularly the Magna Carta and the development of common law in England, which entrenched principles of due process and accountability. The Enlightenment provided the crucial philosophical scaffolding, with thinkers like Locke, Montesquieu, and Rousseau articulating theories of natural rights, separation of powers, and social contracts that fueled revolutionary transformations in America and France, institutionalizing the Rule of Law within constitutional frameworks. The 19th century saw its formalization, notably through A.V. Dicey's influential formulation, alongside the rise of constitutionalism and administrative law. The cataclysms of the 20th century, particularly the World Wars and the rise of totalitarianism, spurred the internationalization of the Rule of Law, linking it intrinsically with human rights through instruments like the Universal Declaration of Human Rights and regional conventions. Finally, the article analyzes contemporary challenges and adaptations in the face of globalization, technological advancements, terrorism, and the resurgence of illiberalism, highlighting the ongoing tension between formal and substantive conceptions and the persistent struggle to realize its ideals universally. The article argues that the Rule of Law's evolution reflects a continuous, often contested, journey towards limiting arbitrary power and ensuring governance under laws that are just, predictable, and equally applied.794 views
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A Study on Persistence of Child Marriage in Tamil Nadu
Assistant Professor at Vels School of Law, Vels Institute of Science, Technology and Advanced Studies, IndiaPages 1962 - 1968The research paper is based on the persisting situation of child marriage in Tamil Nadu. The paper aims at understanding the effect which the child marriage prohibition Act and other laws has in combating the issue also it aims to find out where there is a lacuna left over in combating child marriage in Tamil Nadu. This paper is Doctrinal research paper and it is based on secondary data and journals.The people belonging to certain areas in Tamil Nadu are not aware of the laws and the effects of child marriage which lead the children to suffer more as a result of their innocence and lack of maturity in leading a proper life in society. The laws which were proposed to deliver justice to the children from child marriage has given some effective remedy which is not much sufficient at each level of their existence. Thus the paper concludes that child marriage in Tamil Nadu prohibition laws lack implementation in practical sense also the child marriage prohibition laws in solving this issue has to look upon the factors like effectiveness of the laws provided to combat the social evil on whole and also protect the children and their childhood from being adulterated in the name of child marriage.750 views -
Lifting the Corporate Veil: Charting the Landscape of Group Insolvency in India’s IBC Era
Student at Jindal Global Law School, OP Jindal Global University, IndiaPages 1969 - 1981As India’s corporate environment increasingly features complex group structures, the challenge of resolving insolvency within such interconnected entities has become a pressing concern. The Insolvency and Bankruptcy Code, 2016 (IBC), though a transformative legal framework, presently offers a fragmented approach—focusing exclusively on single-entity insolvency and failing to address the realities of group insolvency. This paper critically examines the urgent need for a cohesive legal framework that accommodates the consolidation of insolvency proceedings across group companies, particularly in situations where financial and operational interdependencies blur the lines of separate legal identity. Through doctrinal analysis and case law review, this study highlights how Indian courts have occasionally lifted the corporate veil to recognize the substantive unity of group enterprises, as illustrated by landmark cases such as Videocon Group and Giriraj Enterprises v. Regen Powertech. However, the absence of statutory clarity results in inconsistent outcomes and procedural inefficiencies, often undermining creditor interests and the IBC’s fundamental goal of value maximization. By undertaking a comparative analysis of insolvency regimes in the USA, UK, and Singapore, the paper identifies global best practices—including substantive consolidation, procedural coordination, and the balancing of fairness with corporate separateness. The discussion underscores how these jurisdictions navigate the fine line between respecting the doctrine of separate legal entity and preventing its misuse to the detriment of creditors. In conclusion, the paper proposes targeted reforms for India, such as the adoption of collaborative insolvency resolution mechanisms, centralized oversight, and enhanced disclosure requirements. Such measures would ensure predictability, transparency, and equitable outcomes, enabling the Indian insolvency framework to better accommodate the realities of group insolvency. This study ultimately argues that legislative innovation is critical for realizing the IBC’s objectives in a rapidly evolving corporate landscape, ensuring stakeholder interests are protected in group insolvency scenarios.930 views -
Justice Beyond the Veil: Revisiting Brock’s Game Theoretic Account of Social Justice and Its Contemporary Significance
Research Scholar at Faculty of Law, Banaras Hindu University, Varanasi, U.P., IndiaPages 1982 - 1993Horace W. Brock’s 1979 essay, “A Game Theoretic Account of Social Justice,” offers a profound reinterpretation of distributive justice by integrating two foundational norms: allocation by need and allocation by contribution. This review re-examines Brock’s work in the context of contemporary ethical and policy challenges. We explore how his bifurcated model, using game-theoretic tools like the Nash Bargaining Solution and the Shapley Value, can be adapted to address modern dilemmas in economic inequality, climate justice, algorithmic decision-making, and participatory governance. By bridging philosophical rigor with mathematical precision, Brock’s theory continues to offer a valuable lens for conceptualizing justice in our globalized, data-driven society.530 views -
Harnessing AI in India: Transforming Disorder into Digital Mastery
Assistant Professor at DY Patil University, IndiaPages 1994 - 2006As AI becomes integral to India’s digital future, the need for comprehensive AI legislation is urgent. India's current legal framework is inadequate to address the ethical, cybersecurity, and data protection challenges posed by AI. Government oversight can increase public trust in AI, fostering confidence and encouraging broader societal engagement. By ensuring job creation, skill development, and equitable opportunities, AI can drive economic prosperity, especially in sectors like manufacturing, healthcare, and agriculture. To realize AI's full potential while minimizing risks, India must develop AI-specific regulations that promote innovation, protect435 views -
Pages 2007 - 2014Dark Web marketplaces (DWMs) are clandestine platforms operating within the encrypted layers of the internet. These marketplaces serve as conduits for trading illegal goods such as narcotics, firearms, counterfeit documents, malware, and stolen personal or financial data. Accessed through anonymizing networks like Tor and supported by cryptocurrencies such as Bitcoin and Monero, these platforms challenge traditional law enforcement and cybersecurity frameworks. Their resilience is fortified by sophisticated encryption technologies, vendor review systems, and decentralized hosting, making them elusive targets for authorities. This paper presents a comprehensive exploration of existing strategies to monitor and disrupt DWMs. It delves into technologies such as automated web crawling, big data analytics, and blockchain transaction analysis that are currently employed to trace illicit activities. Furthermore, it examines law enforcement interventions, including large-scale takedowns, selective targeting, and international collaborations, assessing their impact and effectiveness based on real-world operations. Through comparative market data and graphical analysis, the study highlights observable patterns and emerging trends within the ecosystem. Finally, a multi-pronged framework is proposed, integrating artificial intelligence, enhanced cross-border collaboration, and public education to reinforce future efforts in curbing the menace of DWMs.1,122 views
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Cybercrime in India: Legal framework and enforcement challenges
Student at Mahatma Jyoti Rao Phoole University, IndiaPages 2015 - 2024With the rapid expansion of internet access and digital services across India, cybercrime has emerged as a serious and growing threat. From financial fraud and identity theft to cyber stalking and online harassment, digital offences are affecting not just individuals but businesses and government systems alike. As people increasingly rely on digital platforms for everything from banking to communication, the risks associated with cybercrime have multiplied. India primarily relies on the Information Technology Act, 2000, as its key legal response to cyber offences. This law, alongside relevant provisions of the Indian Penal Code, 1860—such as those dealing with cheating, intimidation, and obscenity—forms the backbone of the country's cybercrime legislation. However, enforcing these laws presents several challenges. A major problem is that law enforcement lacks technical skills. Many officers aren’t adequately trained to deal with complex digital evidence or trace cybercriminals who often operate anonymously across borders. The shortage of advanced tools and standardized protocols across states further hampers investigations. Compounding this, the cross-border nature of many cyber offences makes it difficult to pursue legal action or cooperation internationally. Public response to cybercrime is another concern. Many victims, especially those targeted through personal data breaches or online abuse, hesitate to report incidents due to shame, fear, or distrust in the system. The lack of awareness about legal rights and available remedies also discourages people from coming forward. To fix these issues, India needs a better and more united plan. This includes better training for police and judicial officers, modern investigative infrastructure, and more robust cooperation between national and international agencies. At the same time, efforts to raise public awareness about cyber safety—especially among vulnerable groups like women, children, and the elderly—are critical.1,325 views -
The Reality behind Free Legal Aid
LL.M. Student at Indian Education Centre University, IndiaPages 2025 - 2037Access to justice is a fundamental right enshrined in the Constitution of India. However, for millions of marginalized and economically weaker citizens, the realization of this right remains a challenge due to financial, structural, and systemic barriers. This research paper explores the framework, functioning, and effectiveness of legal aid services in India. It begins by examining the constitutional and historical foundation of legal aid, tracing its evolution and the underlying principles that led to its institutionalization. The study analyzes the mechanisms through which legal aid advocates are appointed, the challenges they face—particularly financial constraints—and the broader impact of inadequate support and infrastructure on justice delivery. Through a critical lens, the paper discusses the allocation of resources, availability of legal professionals for aid work, and the per capita spending that highlights significant disparities. Furthermore, it investigates issues such as corruption, mismanagement, and the systemic denial of justice to vulnerable populations. A dedicated case study section provides real-world context to the theoretical findings. The research also offers a set of practical recommendations, including improving transparency in appointments, increasing remuneration, and investing in legal education and awareness. These reforms aim to strengthen the legal aid ecosystem and ensure it fulfills its constitutional promise of equal justice for all. The paper ultimately emphasizes the urgent need for policy-level and institutional reforms to make legal aid more accessible, effective, and trustworthy.592 views -
Understanding Culpable Homicide in Criminal Jurisprudence
Student at CT University, Ludhiana, IndiaPages 2038 - 2060Culpable homicide is a foundation concept In criminal law that denotes the unlawful killing of a human being with varying degrees of intention or knowledge. It occupies a nuanced space between lawful acts causing death or murder, making it a critical area for legal interpretation and judicial discretion. Under Indian penal code (IPC), culpable homicide is defined in section 299, while its more severe from murder, is detailed in section 300. The primary discretion lies the degree of intention and premeditation involved In The act. While all murders are culpable homicides, not all culpable homicide amount to murder. The research explores the legal Parameters, interpretive challenges, and practical application of culpable homicide in contemporary criminal Justice system. The study examines how court assess the mental element (mens rea) – and the impact of mitigating circumstances such as provocation, self – defence, and lack of premeditation. It also Highlights how varying interpretation have influenced landmark judgement, often blurring the line between culpable homicide and murder. The paper further investigates the implications of sentencing under section 304 of the IPC, which allows for differentiated punishment based on the degree of culpability. This tiered approach reflects the legal system ‘s efforts to deliver proportional justice by considering Both the act and the actors mindset. In conclusion, culpable homicide represent a vital area in criminal law, demanding a careful and contextual understanding of human behaviour, intention, and consequence. It reflects the legal systems attempt to balance accountability with fairness, ensuring that justice is not only punitive but also equitable. This abstract sets the stage for a deeper investigation into the doctrinal and practical dimensions of culpable homicide with in modern legal frameworks.2,169 views -
Death Penalty: A Study of Execution
Student at Christ University, IndiaPages 2061 - 2068India, a developing country, grapples with a rising crime rate despite having a plethora of laws to combat it. The inadequacy of punishments has been a key factor contributing to this issue. Discipline and punishment are essential to hold wrongdoers accountable and dissuade potential offenders through fear of consequences. In India, the most severe form of punishment is the death penalty, seen as a necessary legal measure. This research paper delves into the history of the death penalty in India, covering its historical context, attempts to abolish it, and the reasons behind its continued use. It also explores the mercy powers granted to the President and Governor. The paper scrutinizes whether the "rarest of rare" cases affect the constitutionality of Article 21 of the Indian Constitution, which pertains to the right to life and personal liberty. It argues for the benefits of employing the death penalty in cases involving heinous criminals and advocates for its more frequent utilization as a deterrent. In summary, this paper seeks to present arguments in favor of using the death penalty and promoting its application in cases involving extreme offenders in Indian society.519 views -
Pages 2069 - 2088This conceptual paper explores the impact of Corruption on good governance in Afghanistan, with a specific focus on the judicial sector. Furthermore, the author used secondary data sourced from international organisations such as the World Bank, United Nations (UN), United Nations Development Programme (UNDP), and United States Agency for International Development (USAID), as well as from peer-reviewed academic journals. This study aims to evaluate how Corruption affects judicial performance in Afghanistan and draw lessons from fragile and neighbouring Asian states. The findings reveal that Corruption undermines institutional trust, weakens judicial independence, discourages investment, and exacerbates social inequality. Theoretical perspectives from scholars such as Lambsdorff and Mauro emphasise the negative correlation between Corruption and economic development, highlighting its role in diminishing the quality of public service delivery. Case studies from post-conflict countries such as Sierra Leone, Liberia, Kenya, and Rwanda underscore the significance of transparent judicial appointments, strong anti-corruption enforcement, and sustained capacity building. Similarly, regional experiences from India, Pakistan, Bangladesh, Nepal, Iran, and Sri Lanka offer practical insights into judicial activism, civil society engagement, and transitional justice. Moreover, the study found the Afghan judiciary one of the most corrupt public institutions, characterised by political interference, inadequate infrastructure, and the prevalence of informal justice systems. The paper concludes that effective judicial reform in Afghanistan requires a context-sensitive, multi-stakeholder approach—combining political will, international cooperation, institutional restructuring, ethical training, and public engagement. By drawing on global best practices, Afghanistan can work toward building a transparent, independent judiciary that enhances public trust, strengthens the rule of Law, and contributes to long-term governance and stability.672 views
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Behind the Green Curtain: Regulating Corporate ESG Claims in India’s Emerging Market
Student at Chanakya National Law University, Patna, IndiaPages 2089 - 2100In recent years, Environmental, Social, and Governance (ESG) considerations have taken centre stage in corporate strategy and investor decision-making. In India’s rapidly expanding economy, companies are increasingly leveraging ESG narratives to enhance their market appeal and attract global capital. However, the lack of robust regulatory frameworks and standardized disclosure norms has led to growing concerns about "greenwashing"—the practice of exaggerating or misrepresenting ESG credentials to mislead stakeholders. This paper explores the regulatory landscape governing ESG claims in India’s emerging markets, analysing the effectiveness of existing mechanisms and the challenges posed by inconsistent reporting, voluntary compliance, and limited enforcement. It examines the role of regulatory bodies such as the Securities and Exchange Board of India (SEBI), which has introduced initiatives like the Business Responsibility and Sustainability Report (BRSR) to improve transparency and accountability. Through case studies and comparative analysis with global practices, the paper highlights gaps in current regulations and identifies potential reforms to ensure that ESG claims are both credible and enforceable. The study argues that for India to build a sustainable and trustworthy ESG ecosystem, a shift toward mandatory disclosures, third-party audits, and stronger penalties for false claims is imperative. Ultimately, this research advocates for a balanced regulatory approach that fosters corporate responsibility while protecting investor and consumer trust in India’s evolving ESG landscape.627 views -
Cybercrime Investigation: Panorama, Challenges and Solutions
Research Scholar at Faculty of Law, Banaras Hindu University, Varanasi, U.P., IndiaPages 2101 - 2117Cybercrime is deeply ingrained in the present era and is not a new danger. Cyber technologies create a new paradigm for the criminal, enabling them to commit crime without leaving any traces of evidence behind them. Policing cybercrime has become a herculean task because of the all-pervasive nature of the Internet and the definition of crime being national in nature. There exist a number of Principal Interest groups which constitute nodes of Internet Governance. The role of the public police has to be understood within the light of the informal architecture of Internet Policing. It will help one to understand the vast range of cross-jurisdictional and cross-sectoral impediments which police have to face in order to fully participate in the policing of Internet. The only two digital leads available to the Investigating Authorities are- Internet Protocol Address and Online Digital Handles. In order to understand the intricacies of these leads, the police officials require special training. The investigation procedure is further disturbed by other impediments like lack of reporting of cybercrimes, surveillance and privacy concerns, encryption, search and seizure issues and anonymity and attribution problems.636 views -
Digital Censorship Curbing Free Speech
Assistant Professor at Gitarattan International Business School, New Delhi, IndiaPages 2118 - 2128In India’s booming digital age, where social media fuels revolutions and smartphones amplify marginalized voices, a silent battle rages between free expression and state control. This research paper examines how digital censorship—often disguised as public protection—is reshaping democracy in the world’s largest internet market. Through legal analysis, case studies, and grassroots perspectives, it reveals the human cost of India’s tightening grip on online speech. The study begins by framing India’s unique dilemma: a constitution that guarantees free speech now contends with internet shutdowns that last longer than anywhere else globally, opaque content takedowns, and the chilling effect of arrests for social media posts. It dissects the legal machinery enabling this censorship, from colonial-era sedition laws to modern IT Act provisions that let officials disappear content with a single order—no questions asked. But this isn’t just about laws. It’s about students jailed for memes, journalists whose investigative reports vanish before going viral, and entire communities cut off from the internet during protests. The paper contrasts the government’s security arguments—preventing riots, fake news, and terrorism—with documented cases where censorship disproportionately targets dissent. When does regulation become repression? Who decides what “harmful” speech is—and at what cost to democracy? Ultimately, this research challenges India to confront an uncomfortable truth: without transparency, judicial safeguards, and public accountability, digital censorship risks becoming the greatest threat to the very democracy it claims to protect. The findings urge a recalibration—one that safeguards both national security and the fundamental right to question, criticize, and imagine alternatives.943 views -
An Overview of the TRIPS Mandate of Fair Civil and Administrative Procedures vis-à-vis Indian Patent Act, 1970
Research Scholar at Mohanlal Sukhadia University, Udaipur, IndiaPages 2129 - 2136The enactment of the TRIPS agreement had led to the establishment of the legal framework for the fair civil and administrative procedure for enforcing the intellectual property rights wherein mandating the member States to legislate the legal framework which balances the interest of the patent holder and alleged infringer of the intellectual property rights. This research article outlines the India’s compliance with the TRIPS enforcement mandate under Articles 42 to 49 in light of the Indian Patent Act, 1970. It studies the TRIPS mandates along with the India’s legal framework under Chapter XVIII dealing with Suits concerning infringement and Chapter XIX dealing with Appeals.360 views -
Pages 2137 - 2146This report looks into the impact of gender prejudice within the criminal justice system in India, focusing on the police, courts, and the prisons, as well as the rehabilitation process for female offenders. This discrimination, which stems from deeply ingrained societal stereotypes and patriarchal culture, results into treatment inequality, violating the constitutional promise of equality. The most important findings indicate the existence of “masculine subculture” in policing with its attendant victimization of women and severe underrepresentation of women and insensitivity toward gender issues further inflaming the situation. In the judiciary, the complexity of sentencing bears dual manifestation: fulfillment of the “chivalry hypothesis” invites some release for women, as long as they comply to traditional roles, but marginal and deviant women are far more likely to be subjected to harsher sentencing. This practice worsens due to the absence of clear guidelines on structured sentencing policies. Such disproportional representation causes an overwhelming number of women held as undertrial prisoners to highlight the absence of systemic refinement alongside unyielding systemic flaws and inequitable access to proper legal services.799 views
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Pages 2147 - 2163The current face-off between the President of India and the Supreme Court has brought into focus a vital and unexamined fault line in India's constitutional framework—one that challenges the transparency and symmetry of presidential powers under Articles 143 and 201. This paper questions the developing wrangle that tests the traditional construction of the President's discretionary power to ask for judicial advice and withhold assent to bills of the state legislature, and points out a constitutional gridlock that jeopardizes the fundamental doctrine of separation of powers. By probing the President's recent advisory cites and the Supreme Court's activist judicial constructions, the research lays bare a hidden uncertainty in the constitutional practice and text and thereby raises fundamental questions regarding institutional independence, judicial hegemony, and presidential discretion. Is the President's advisory function merely ritualistic, or does it have significant constitutional bite? To what degree can the Supreme Court limit presidential discretion without disturbing the balance among branches? By sheer legal scrutiny, doctrinal evaluation, and comparative examination, this paper contends that the current model is devoid of definitive principles to balance the rival assertions of constitutional actors, thus jeopardizing institutional disharmony and governance uncertainty. The paper urges immediate doctrinal elucidation and a constitutional norms rebalancing to maintain democratic legitimacy, secure the rule of law, and strengthen India's constitutional democracy against nascent fault lines.683 views
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Protection vs. Tradition: The Clash between Indian Child Marriage Laws and the POCSO Act
Assistant Professor of Law at MATS Law School, MATS University, C.G, IndiaPages 2164 - 2173India stands at a complex crossroads where long-standing cultural traditions often collide with modern child protection laws. This article critically examines the legal tension between the Prohibition of Child Marriage Act, 2006 (PCMA) and the Protection of Children from Sexual Offences Act, 2012 (POCSO). While PCMA seeks to discourage and penalize child marriages, it still recognises them as voidable rather than void. In contrast, POCSO criminalizes all sexual activity involving individuals below 18 years of age—irrespective of marital status or consent. This doctrinal contradiction raises serious concerns about legal enforcement, judicial interpretation, and the child’s right to bodily autonomy. Drawing on legislative texts, judicial decisions, and socio-cultural analysis, the article explores how courts have responded inconsistently, particularly in cases involving underage consensual relationships. It also highlights the systemic enforcement challenges faced by institutions like the police, Child Welfare Committees, and Child Marriage Prohibition Officers. Comparative perspectives from neighboring countries and international legal obligations under CRC and CEDAW further underscore the urgency of reform. Ultimately, the article argues for the harmonization of Indian child protection laws by rendering child marriages void ab initio, repealing the marital exception under criminal law, and ensuring that child rights prevail over regressive customs. The conclusion advocates for a rights-based legal regime—one that prioritizes the safety, dignity, and development of every child above tradition or community sanction.1,598 views -
Pages 2174 - 2189Predictability is an important factor in ensuring legal clarity and investor confidence in corporation law. Corporate entities may clearly assess risks, allocate resources, and make strategic decisions under a stable and predictable legal framework. Recent developments in Indian corporate jurisprudence, however, have generated concerns about the growing ambiguity in how commercial principles are interpreted and implemented, particularly in connection to the Insolvency and Bankruptcy Code, 2016 (IBC). This concern has been heightened by the Supreme Court's recent decision in Bhushan Power and Steel Ltd. Case (BPSL), which appears to undermine the principle of legal certainty and predictability in corporate law that the corporate regime in general and under the IBC seeks to protect. This case, demonstrates the challenges in resolving insolvencies, as well as the judiciary's crucial role in maintaining corporate governance and predictability. This paper examines the Apex Court’s verdict in BPSL case, prior decisions that have similarly threatened legal certainty and summarise the BPSL case in order to evaluate the judgment's deviation from recognized legal principles and international standards. It highlights the potential detrimental effects of India's judicial unpredictability on “investor confidence” and “ease of doing business”. It emphasize on the importance of judicial reasoning being in line with legislative intent in preserving institutional trust in corporate laws.1,092 views
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Intellectual Property Rights in the Metaverse: New Challenges for Copyright and Trademark Law
Research Scholar at Department of Law, Kurukshetra University, IndiaPages 2190 - 2201The emergence of the metaverse, a persistent and interconnected virtual world, presents unprecedented challenges to existing intellectual property (IP) frameworks, particularly copyright and trademark law. This paper examines these novel challenges, focusing on the creation, ownership, and enforcement of IP within these digital realms. By analyzing the unique characteristics of the metaverse, such as user-generated content, non-fungible tokens (NFTs), and immersive experiences, this research identifies critical areas where current legal doctrines struggle to adapt. Ultimately, the paper argues for a re-evaluation and potential evolution of copyright and trademark law to effectively address the complexities of IP protection in the burgeoning metaverse.780 views -
Media Victimization and Human Right Violations
Assistant Professor on Contract at Department of Law, Mahatma Gandhi University Kottayam, Kerala, IndiaPages 2202 - 2209Media, the fourth pillar of our democracy is the voice of our society. The role, functions and impact of media upon the society are much higher than its forms and versions as updated in every seconds. Everyday media updated its forms but deviate its norms resulted in victimization by media leads to great human rights violations. This article highlights the media victimization over juveniles, victims, accused persons, individuals’ rights as well as collective rights which are protected through constitutional and statutory provisions in our legal system. This research works also examines the machineries constituted for the protection of individual rights and analyses how far it is effective in upholding human rights.594 views -
Inclusion through Law: Safeguarding the Dignity of the Disabled
Assistant Professor at Gitarattan International Business School, New Delhi, IndiaPages 2210 - 2221This research paper delves into the fundamental right to dignity for disabled persons, exploring the intricacies of its legal framework, practical challenges, and societal implications. Grounded in human rights principles, particularly the Universal Declaration of Human Rights and the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the study scrutinizes the conceptualization and realization of dignity within the context of disability rights. Drawing upon a comprehensive review of national and international legal instruments, case law, and scholarly literature, the paper elucidates the multifaceted dimensions of dignity in the lives of disabled individuals. It examines how legal frameworks address issues such as autonomy, independence, non-discrimination, and respect for inherent worth, while also assessing the effectiveness of implementation mechanisms in safeguarding these rights. Furthermore, the research critically analyzes the experiences of disabled persons within societal structures, elucidating the barriers, prejudices, and systemic inequalities that often undermine their right to dignity. By synthesizing legal analysis, the paper identifies key areas for improvement in ensuring the full realization of the right to dignity for disabled persons. It calls for strengthened legal protections, inclusive policies, and transformative social attitudes that prioritize the inherent dignity and worth of every individual, regardless of their abilities or disabilities. Ultimately, the research contributes to a deeper understanding of the complex dynamics surrounding disability rights and underscores the imperative of upholding dignity as a cornerstone of human rights for all.542 views -
Right to Privacy in Public
Advocate at Supreme Court of India and High Court of Delhi, IndiaPages 2222 - 2227Privacy is an inalienable right which gives true meaning to human existence. Today, we are living in a world where every private act whether in seclusion or in public- is a share or tweet away from becoming content for public consumption. In such a scenario, law ought to emerge as the saviour- in letter as much as in spirit. A monumental judgment of the Hon’ble Supreme Court which reinforced the right to privacy of individuals and upheld it as a fundamental right was Justice K.S. Puttaswamy (Retd.) v. Union of India, (2019) 1 SCC 1. However, while the K.S. Puttaswamy Judgment recognized the right to privacy of individuals, it fell short of advocating for this right in public spaces, perhaps due to lack of adequate statutory backing. It is thus observed that while actions under tort law and criminal statutes do exist, in the Indian legal paradigm, there are no specific tests or standards to measure breach of privacy in day-to-day life, eg. in scenarios where one is simply walking down the road, sitting in a metro or even if one is a celebrity stepping out for chores. In this light, practices in countries like UK, Brazil and Argentina where even publication of pictures without consent is a civil infraction must be studied. A more progressive approach adopted by the House of Lords is the twin test of reasonable expectation of privacy and the balancing of the aim of publication against the proportional harm caused. It is critical that the ever-blurring lines between home and public spaces are factored in by legislators and courts alike, especially with the takeover of technology. After all, the right to privacy rests in a ‘person’, not in a ‘place’.668 views -
The Copyright Framework for Musical Works: An International and Comparative Legal Analysis
Campus Chief at Nepal Law Campus, Faculty of Law, Tribhuvan University, NepalPages 2228 - 2239Legal action is one of the major effective methods for protection of the copyright, Copyright is a legal term that describes the right given to the creators of a broad range of literacy and artistic works. It is a protection system the covers published and unpublished works, whatever the form of expression provided such works are fixed in a tangible and material form copyright provides exclusive rights to the creators to use their works. International Community has made sincere efforts for the development of legal framework. The judiciary of Nepal in Particularly, the High Court of Nepal has been catalyst in promoting rule of law in the area of Copyright, despite limited legislative mechanism and enforcement. The author in this article tries to give overall picture of legal and judicial regime for the protection of copyright in musical work under Copyright Act, 2002.656 views -
Pages 2240 - 2246Human trafficking for organs and tissues trading is a great threat to global health and security which has been facilitated by the globalization where the criminal organization easily manipulates the poverty-stricken people. Therefore, the aim and significance of the study is to access the research activity and trends on human trafficking and to analyze the legal framework and other anti-trafficking organizations which assist in eradicating illegal organ transplantation.531 views
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Pages 2247 - 2254Digital sovereignty is a nation’s ability to control its own digital space—its data, infrastructure and online services—just as it manages physical borders. This paper traces how the idea grew from the internet’s open beginnings through rising cybersecurity concerns, the Snowden disclosures and the COVID-19 digital surge. It shows how regions like the European Union protect privacy with rules such as the GDPR, how the United States leverages market power and global standards, and how China and Russia enforce strict state control. It also looks at efforts in developing countries, including India’s Data Localization proposals, which balance foreign partnerships with local innovation. The study highlights risk of digital fragmentation, authoritarian overreach, technological gaps and powerful private platforms. It concludes that true digital sovereignty requires balancing national security and economic independence with an open, cooperative internet that protects citizens’ rights and supports global innovation.541 views
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Real Estate Frauds in India: An Analysis
Assistant Professor at Amity Law School, Amity University, Lucknow, IndiaPages 2255 - 2263Scammers and fraudsters are getting more and more common as the real estate industry expands. Real estate is the most precious asset, so investors invest in it in order to have a more secure future. However, it has significant risk, expensive pricing, and only a little security. It is insecure and an easy target for scammers because of its lack of security. Misrepresentation, Escrow wire fraud, and questionable mortgages are the three most typical scams done by the realtors. Misrepresentation is the deliberate dissemination of false information. Investors that rush into a choice, believe the seller's falsified claims quickly, or fall for the con artist's phoney profiles are most likely to be taken advantage of. Lack of sufficient investigation contributes to scams, and investing without inspection may raise your risk of being a victim. Scammers spoof investors by using false advertisements, phishing emails, and phone calls. The growth of real estate sector has led to the growth in Indian economy. Despite this fact, real estate has so many issues and it faces number of challenges. There are several loopholes in the rules and regulations made in this regard. Due to absence of strict adherence to legislations several risks are involved in the real estate sector which amounts to serious fraud faced by the consumers. This paper will deal with the issues involved in real estate sector. The paper will focus upon various legislations available for real estate sector in India.1,096 views -
Pages 2264 - 2272The proliferation of electronic devices has transformed modern life but generated an escalating problem of electronic waste (e-waste). This literature-based review traces the historical evolution of e-waste generation, examines current global and Indian trends, analyzes extended producer responsibility (EPR) and related policies, and explores the nexus between e-waste and climate change. Key findings show that global e-waste volumes are rising sharply (a record 62 million tonnes in 2022, up 82% since 2010), yet less than a quarter is formally recycled. India is now among the world’s largest e-waste generators (roughly 1.75 Mt in 2023–24), even as an estimated 90% of its e-waste is handled by an informal recycling sector. Recent policy developments have aimed to address these challenges: for example, India’s E-Waste (Management) Rules 2022 (effective April 2023) greatly expand product coverage and mandate EPR, including mandatory registration of manufacturers on a central portal. The climate implications of e-waste are significant but often indirect. Electronics manufacture is highly carbon-intensive (e.g. ~10 t CO₂ per tonne of laptops produced) and extending product lifetimes or recycling materials can reduce this footprint. Unmanaged disposal (open burning and acid extraction) releases pollutants and greenhouse gases. This review underscores that sustainable e-waste management – through strengthened EPR, technological innovation, formalization of recycling, and circular economy principles – is critical for reducing toxic pollution and mitigating the carbon footprint of the digital economy.679 views
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Upholding the Place of Character Merchandising in Cameroon: Re-igniting its Essence in Today’s Business Era
PhD Candidate at Department of English Law, Faculty of Law and Political Science, University of Dschang, CameroonPages 2273 - 2289With the advent and growth of intellectual property models, merchandising of character becomes a crucial aspect in the business world. This is so as commerce has much to do with the techniques of sales and marketing, to which there is the urge to promote products and services through standardized methods of commercializing, in conformity with the rules on customer care and satisfaction. Therefore, it is in this light that character merchandising is considered a practice whereby personality traits such as image, name, sound, or appearance of a certain character is used to brandish, promote and/or advertise a product or service with the aim of benefiting from it (financial or material gain). Although overlooked within the intellectual property framework, this aspect of IP has far reaching effects in the economy of most countries today, and as such requires its valorizations. Findings reveal that there hasn’t been any specific legislation/provision for character merchandising, which for the most part impedes the concrete understanding and growth of this concept/practice. Hence, it is the objective of this research to ascertain the place of character merchandising in Cameroon, with a view to expounding and understanding its prospects and challenges. To this effect, this paper makes use of the doctrinal research methodology, drawing from primary and secondary sources of data. It is therefore recommended among others that, there is need to revitalize and promulgate the practice of character merchandising in Cameroon, especially through well-defined legal provisions pertaining thereto.683 views -
Reassessing ICSID: Legitimacy, Reform, and the Future of Investor-State Arbitration
Advocate at Bar Council of India, IndiaPages 2290 - 2299The International Centre for Settlement of Investment Disputes (ICSID) has long served as the backbone of investor-state dispute settlement (ISDS), offering a neutral platform to resolve disputes between foreign investors and sovereign states. Established to encourage foreign direct investment by depoliticizing conflict resolution, ICSID has since grown into a pivotal institution in the international investment regime. However, it now faces a legitimacy crisis characterized by criticism of pro-investor bias, lack of transparency, inconsistent rulings, elite arbitrator networks, and undermining of democratic governance. This paper provides a critical examination of ICSID’s legal structure and procedural operation, analyzes the systemic sources of its legitimacy crisis, and surveys reform proposals and alternative models of investment dispute resolution. The analysis draws on recent ICSID caselaw, institutional reforms such as the 2022 Rule amendments, and global efforts toward establishing a Multilateral Investment Court. It concludes that while incremental reforms have improved procedural fairness, deeper structural transformations are needed to balance investor protection with public interest governance. Unless ICSID and ISDS are reimagined in a more equitable and accountable form, the risk of institutional erosion and political backlash will persist.1,844 views -
Sovereign Immunity in the Age of Investment Arbitration between Tradition and Treaty Obligation
Advocate at Bar Council of India, IndiaPages 2300 - 2313Sovereign immunity, a cornerstone of international law, traditionally protects states from legal proceedings in foreign jurisdictions. However, in the realm of investment arbitration, this doctrine faces increasing tension as states enter into bilateral investment treaties (BITs) and multilateral agreements that allow private investors to initiate claims. This paper examines the evolving nature of sovereign immunity within the investor-state dispute settlement (ISDS) framework, focusing on the distinction between jurisdictional immunity and enforcement immunity. Through a comparative analysis of national court practices in the United States, United Kingdom, France, and Switzerland, it explores the complexities of enforcing arbitral awards against sovereign states. Highlighting key cases such as Letco v. Liberia and Micula v. Romania, the paper underscores the legal and practical hurdles in executing awards. The study concludes with proposals for harmonizing treaty language, adopting model enforcement laws, and fostering judicial cooperation to ensure a balanced approach that respects state sovereignty while maintaining the credibility and enforceability of investment arbitration.1,528 views -
Society 5.0 and Good Governance: Analyzing Governance Strategies and Addressing Challenges
LL.M. Scholar at Hidayatullah National Law University, Raipur, IndiaPages 2314 - 2325Society 5.0 is a futuristic human-centered society envisioned by Japan. The society will be using the technological inventions of the former society. Artificial Intelligence, Robotics, Big Data, Machine Learning, Deep Learning, and Internet of Things will be some of the key gears for realization of this super smart society blurring the lines between cyber space and physical space. Though such an image of the future society sure looks desirable, it’s crucial to examine whether the principles of Good Governance that offers normative attributes of governance for guaranteeing and realizing human rights would be embedded in Society 5.0. The present study aims to study the application of Good Governance principles in Society 5.0 and the implications while addressing challenges. Through a brief study of policy and secondary material available, the study finds that the Good Governance principles are better realized in the futuristic society than the current information society. Further, the study expects that there would be a key change in the understanding of the meaning of Law. There lies concerns however the inherent flaws in the number of technologies being employed that may hamper the stability and well-being of the society. Considering, the practical operation of the policy as well as the tools to be tapped are only in nascent stage, there is a scope of transformation in the constitution of Society 5.0. Though the present study focuses specifically on Japan’s vision of a supersmart society, it is imminent that such a policy would soon be sought by other nations. Thus the challenges and hurdles that Japan may face are not only of its own but is a point of concern for other nations as well.799 views -
Theft and Extortion in 21st Century India: Evolving Crimes in the Digital Era
Student at Symbiosis Law School, NOIDA, IndiaPages 2326 - 2335Theft and extortion are basic crimes in India, but with the arrival of the digital age, their nature, methods, and impact have changed completely. This paper studies how primitive forms of theft and extortion have been transformed into advanced cybercrimes due to technological advancements, globalization, and socio- economic changes. With the rapid growth of internet usage, digital payments, and online services, criminals sought new opportunities through cyber theft, data theft, ransomware, social media blackmail, and Artificial Intelligence exploitation such as deepfake technology. These developments blur legal boundaries within theft, fraud, and extortion making it almost impossible for enforcement and judicial systems built on out-dated legal frameworks to cope. It also highlights the socio-economic factors such as digital under-education and poverty that heighten the exposure of people and institutions to the risks of cybercrimes. The paper advocates to defend vulnerable groups with immediate and extensive legal changes, modernizing law enforcement and increasing international collaboration, and coordinated efforts for digital literacy campaigns. It also emphasizes policies for greater oversight of emerging technologies and the establishment of support systems for victims. Through the integration of these measures, India will create a robust and adaptive system of fighting theft and extortion in the digital age, providing security, justice, and faith for its people and institutions. This research is a call to policymakers, law enforcers, and society to act proactively in meeting the changing reality of crime in the 21st century.847 views -
Mob lynching refers to the unlawful killing of individuals or groups by a crowd taking action without legal endorsement. Lynching in India has become a more evident recently, especially in incidents related to accusations of cow slaughter or the consumption of beef, as well as within the contexts of religious and communal conflicts, caste discrimination, false accusations of commission of crimes and moral policing. The prevalent legal remedies are insufficient to prevent the violence and compensate the victims. The absence of specific laws, policies or reliable data relating to mob lynching reflects a systemic gap in the legal and administrative apparatus, resulting in limited prosecutorial success and a lack of deterrence. There is an exigency of a specific law for protection against the crime. This paper critically analyses the motives behind the mob violence by examining numerous incidents of mob lynching. It inspects the legislative framework at hand in India and its efficiency also evaluates the steps taken by the US to curb the mob violence. It examines the guidelines of the Supreme Court in the landmark judgment, also the legislative responses to it given by the states. This paper also explores the role of law enforcement agencies, media platforms and society. This paper seeks to highlight particular areas that need enhancement and to suggest practical solutions that ensure the law remains effective while protecting victims' rights.881 views
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Unlocking the Data Dilemma Intellectual Property and the Challenge of Database Regulation
Advocate at Civil Court, Bhagalpur, IndiaPages 2352 - 2359Databases are protected under copyright law as a part of literary works, but the criteria for protection are more stringent due to their nature as collections of “dressed facts” rather than original creative expressions. This distinction creates challenges because copyright requires originality, and databases mostly comprise factual information organized systematically. In the current information age, databases have gained significant economic and practical importance, as they facilitate efficient access to large volumes of data. This growing relevance has sparked debates about whether the existing copyright framework adequately protects databases or if alternative legal models are needed. This paper explores the development of database protection law, focusing on the limitations posed by the originality requirement in traditional copyright law. It analyses the extent and nature of protection granted under other regimes, emphasizing the balance between protecting creators’ rights and ensuring public access to information. A significant part of the paper examines the European Union’s sui generis database protection regime, which offers a dual system which is copyright protection for creative database structures and a separate right safeguarding the substantial investment in database contents. The paper engages in critique of the effectiveness of this model, which includes concerns about monopoly creation and investment standards. Further, it evaluates the applicability and suitability of adopting a similar sui generis regime in India, given its unique legal, economic, and technological context. Finally, the paper argues for a balanced and context-specific approach to database protection in India, considering international frameworks and domestic policy priorities, rather than adopting a foreign model in its entirety.539 views -
Media Regulation in Digital Era: Analyzing The Challenges and the Opportunities of Regulating Media in the Digital Age in India
Advocate in IndiaPages 2360 - 2391The research paper titled "Media Regulation in the Digital Era: Analyzing the Challenges and the Opportunities of Regulating Media in the Digital Age in India" delves into the evolving media landscape shaped by digitalization. It explores the historical background of media regulation in India, the regulatory bodies, and the legal frameworks in place. The paper identifies key challenges such as the spread of fake news, lack of accountability in digital platforms, privacy concerns, and the inadequacy of existing regulations. It also examines the opportunities digital media presents for promoting transparency, accountability, media literacy, and democratic governance. Through case studies and policy recommendations, the paper advocates for a comprehensive regulatory framework that adapts to technological advancements while safeguarding freedom of expression and the public interest.786 views -
Missing Colors of Rainbow Community: A Legal Analysis in Indian Context
Research Fellow at Faculty of Law, College of Law and Legal Studies, Teerthanker Mahaveer University, Moradabad, IndiaPages 2392 - 2399Human Being, the most powerful specie on this earth, due to the mental intellect it possesses, is still helpless and powerless in few matters which are essential of it’s being i.e. into which gender a person will born into, how a person feels about the rules associated with the gender they are born into, to whom they feel attracted too etc. Like a Lion is a King of the Jungle a Human Being is King of the World, but still a little powerless than a Lion because of the boundaries and rules. Nature gave three genders to this world, male, female and third gender, but somehow, we closed our eyes to the existence of third gender and started treating them as someone dangerous and dark. In India it was only in the year 2014 that the Hon’ble Supreme Court recognized transgender as a third gender, to be given rights in the country. Except our transgenders there is another set of community which struggle a lot in the society and are often seen as someone different from the league of being called human being, these are the homosexual community i.e. Gay, Lesbians, Bisexuals. Unlike the Trans-gender the Homosexuals are born into a particular gender but they either do not feel associated with it or are attracted to a person belonging to the same sex. In India Section 377 of The Indian Penal Code explicitly criminalized same sex relationships and was punished rigorously and it was not before the year 2018 that the Hon’ble Supreme Court of India has recognized this relationship by partially declaring Section 377 unconstitutional and violative of Article 14, 19 and 21 of The Indian Constitution. This Chapter will analysis the rights of our unrecognized, hidden community in the legal framework through the Indian Penal Code, Bhartiya Nyaya Samhita, case law journey of these communities while also comparatively analyzing the Indian Scenario with other countries.597 views -
Pages 2400 - 2413The widespread use of the internet has had a significant impact on society, opening doors in a variety of fields and putting people at risk of cybercrime. The widespread prevalence of cyber bullying can be attributed to the anonymity and ease of access provided by internet platforms. This paper explores cyber bullying from an Islamic perspective, examining its prevalence, causes, effects, and compatibility with Islamic teachings. Unlike traditional bullying, cyber bullying—which is characterised as intentional, persistent, and hostile behaviour using digital communication technology to damage others—presents different kinds of difficulties. It frequently entails unequal power dynamics, anonymity, and a large audience, which can cause psychological, emotional, and physical harm to both the victims and the offenders. Cyber bullying is prohibited in Islam because it goes against the core values of justice, compassion, and respect. Hadiths and verses from the Quran forbid making fun of, insulting, or causing harm to others; they also stress the value of empathy, integrity, and defending one's own rights. Through the cultivation of taqwa, or awareness of God, and the emulation of the virtues of reliability and kindness, Muslims can lessen the incidence of cyber bullying and promote a more peaceful virtual community. Islamic principles, which place a strong emphasis on responsibility, kindness, and respect in all human relationships, are incompatible with cyber bullying. Individuals may combat cyber bullying and advance an online community characterised by empathy, integrity, and respect by adhering to these ideals.1,336 views
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Understanding Right to Privacy: A Legal and Philosophical Inquiry
Research Scholar at Amity University Lucknow, IndiaPages 2414 - 2418The right to privacy has become an essential aspect of indigenous and moral rights law in the age of the internet. With the advancement of technology, so does the necessity to balance individual freedom with state interests and commercial behaviour. The significance of the" right to privacy" has increased in recent times, largely due to the added power of social media and the internet in the ultramodern digital world. There has been a lot of solicitude and fear in recent times surrounding the vast quantum of particular data contained in computer lines. The" right to privacy" relates to an individual's right to control the collection, use, and exposure of their private information. This paper examines the elaboration of the right to privacy, its judicial interpretations across authorities, and current challenges. By way of an examination of seminal literature and justice, this paper highlights the changing nature of privacy and its counteraccusations for popular societies.303 views -
Seeds of Control: Intellectual Property, Ethical Dilemmas, and the Global Governance of Genetically Modified Organisms
Student at Gujarat National Law University, Gandhinagar, IndiaPages 2419 - 2436Genetically Modified Organisms (GMOs) have revolutionized agriculture by increasing crop durability and output, but their patenting as immaterial property presents intricate legal, moral, and international challenges. This paper explores GMO patents, which award creators sole property rights over genetically modified features, and their transfer via licensing contracts. These licenses, typified by Monsanto's Technology/Stewardship Agreement, place restrictions such as banning seed saving, affecting farmers' customary practices. The research delves into the legal basis of GMO patents, specifically Diamond v. Chakrabarty (1980), which confirmed their patentability, and cases such as Bowman v. Monsanto (2013), affirming corporate dominance over seed use. Patent regimes differ across the world, with India's Patents Act restricting seed patentability under Section 3(j), while the TRIPS Agreement has a minimum standard. Ethical issues present are corporate control by companies such as Bayer, decreased biodiversity, and farmers' economic costs from expensive seed prices. The paper also discusses the Nagoya Protocol's requirements for benefit-sharing and the European Patent Office's subtle approach towards patents on GMOs. Through an examination of licensing frameworks, juridical precedents, and international frameworks, this study points out the dilemma between incentives for innovation and fair access. It advocates for balanced intellectual property governance to promote food security, farmer independence, and sustainable agriculture, suggesting open-source models and public-private partnerships to counteract corporate control. This holistic analysis highlights the imperative of adaptive legal frameworks that reconcile biotechnological progress with global social and environmental objectives.855 views -
Safeguarding Liberty: A Constitutional Analysis of Bail Jurisprudence in India
Student at Vivekenanda Institute of Professional Studies, IP University, Delhi, IndiaPages 2437 - 2452The concept of bail extends beyond being a mere procedural safeguard; it serves as a fundamental expression of the constitutional promise of personal liberty. In India, the jurisprudence surrounding bail has experienced significant evolution, particularly in its intersection with the rights enshrined in Articles 14, 19, 21, and 22 of the Constitution. This paper offers a comprehensive analysis of the constitutional and legal framework governing bail, with a focus on the doctrinal and judicial developments that have shaped its current form. From ancient philosophical roots and colonial influences to modern legislative enactments like the Bharatiya Nagarik Suraksha Sanhita, 2023, the research traces how the right to bail has evolved as a vital counterbalance to the coercive powers of the State. It examines how the Indian judiciary, especially through landmark rulings such as Maneka Gandhi v. Union of India, redefined the meaning of “procedure established by law” to demand fairness, reasonableness, and just application. Through an analysis of legislative provisions, historical development, and case law, the paper argues for a principled and transparent approach to judicial discretion in bail matters. It advocates for a system that upholds liberty as the norm and pretrial detention as the exception ensuring that bail is not treated as a privilege but as a right essential to the integrity of a democratic society governed by constitutional values.775 views -
Three – Year Practice Requirement: Constitutional Validity and Policy Implications
Student at Government Law College, Karaikudi, IndiaPages 2453 - 2462The introduction of a mandatory three-year litigation experience for judicial aspirants has sparked widespread debate among stakeholders. While the primary intent behind this policy is to improve judicial appointments through practical legal exposure, it has also attracted criticism for being exclusionary, arbitrary, and potentially unconstitutional. This paper critically evaluates the historical development, policy rationale, constitutional concerns, and judicial interpretations surrounding the three-year requirement. Using a doctrinal and analytical framework, it assesses the rule’s strengths and shortcomings, its impact on judicial recruitment and access to justice, and proposes reforms that reconcile merit-based selection with fairness and inclusivity.485 views -
Pages 2463 - 2467The centuries-old Bengali storytelling custom known as patachitra, which blends music and art, is at a juncture where contemporary copyright law and cultural heritage collide. These colourful scroll stories, which have been passed down through Patua artist generations, capture lived experience, folklore, and collective memory. However, such Traditional Cultural Expressions (TCEs) are legally vulnerable due to Indian copyright law, which is based on individual authorship. Businesses profit from Patachitra motifs while denying credit or income to the original communities. The protection against widespread cultural misappropriation is still insufficient, even after gaining Geographical Indication status in 2018. This article makes the case for a collective copyright framework in India by drawing comparisons to the Milpurrurru case in Australia and the Māori cultural protections in New Zealand. In order to protect oral traditions, broaden the scope of GI, and implement benefit-sharing arrangements, it suggests legislative reform. The voices of Patachitra run the risk of becoming ornamental anonymity if collective authorship is not legally acknowledged. Who owns a story shared by all remains the unanswered dilemma in India’s cultural IP landscape.613 views
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The Dual Mandate: How Job Creation Legislation Advances both Market and Human Rights
LLM Student at School of Law, Pondicherry University, IndiaPages 2468 - 2481This paper examines how job creation legislation may simultaneously stimulate economic growth and protect fundamental human rights, proposing a "dual mandate" framework for inclusive labor market development. Drawing on international human right law and labor economics, the study analyzes how well-designed employment laws fulfill both market functions and rights obligations through comparative case studies of six countries (Germany, South Africa, Brazil, India, United States, and Rwanda). The research paper identifies four key legislative strategies that advance this dual mandate anti-discrimination provisions expanding access to work (exemplified by South Africa's Broad-Based Black Economic Empowerment Act), wage protection systems ensuring decent living standards (demonstrated by Seattle's $15 minimum wage policy), job guarantee programs reducing exclusion (illustrated by India's Mahatma Gandhi National Rural Employment Guarantee Act), and just transition policies addressing technological displacement (seen in the EU's Green Deal Industrial Plan). Methodologically, the research employs policy analysis, longitudinal employment data, and human rights indicators to assess how these interventions balance economic efficiency with rights protections. Outcomes reveal that rights-aligned job legislation creates more sustainable labor markets: for instance, Brazil's disability employment quotas increased formal sector inclusion by 18% while reducing rights violations, and Rwanda's 2021 entrepreneurship law boosted job creation by 22% alongside gender parity improvements. Though, the research also uncovers tensions, particularly in gig economy regulation and global supply chain governance, where business interests often conflict with worker protections. The research contributes to both economic and human rights scholarship by demonstrating that the most effective job creation laws share three characteristics they are participatory (developed through social dialogue), measurable (assessed by both employment numbers and rights outcomes), and adaptive (responsive to technological and ecological transitions). It concludes with policy recommendation for implementing this dual mandate, emphasizing tripartite governance models and climate-sensitive labor codes. By bridging the gap between market-focused and rights-based approaches, the study offers a roadmap for legislation that attains equitable economic growth while upholding the fundamental right to decent work.555 views -
Domestic Violence as a Violation of Women’s Right to Life and Dignity: An Indian Perspective in Light of International and Comparative Legal Frameworks
LL.M. Student at Babasaheb Bhimrao Ambedkar University, IndiaPages 2482 - 2494Women's rights to life and dignity are significantly impacted by domestic abuse, which continues to be a persistent violation of these rights. Even with laws like the Protection of Women from Domestic Violence Act, 2005, and Supreme Court rulings like Indra Sarma v. V.K.V. Sarma (2013) and Preeti Gupta v. State of Jharkhand (2021), effective redress is still hampered by enforcement issues and social stigma. Domestic abuse is examined critically in this study in light of international human rights norms like the ICCPR and CEDAW, as well as Indian constitutional laws. This study uses a qualitative doctrinal approach and is based on new data from the National Crime Records Bureau (2023-24) that shows a 7.2% increase in domestic violence instances reported after the epidemic. In keeping with the growing legal acknowledgement of many forms of violence, the article also looks at the 2023 Criminal Law Amendment that makes economic and psychological abuse crimes. The findings reveal significant gaps between the law and practice, underscoring the necessity of judicial sensitisation, structural reforms, and improved victim support. The study concludes that to protect women's right to life and dignity in India, domestic laws must be brought into compliance with international human rights commitments, and enforcement mechanisms must be strengthened.733 views -
The Evolving Role of Insolvency Professionals under the Insolvency and Bankruptcy Code (IBC)
Assistant Professor at Narayan School of Law, Gopal Narayan Singh University, IndiaPages 2495 - 2520The enactment of the Insolvency and Bankruptcy Code (IBC) in 2016 marked a revolutionary step in India’s approach to insolvency resolution which significantly elevate the role of Insolvency Professionals (IPs). Initially designed to streamline insolvency procedures and protect creditors, the role of IPs has since evolved into a multi-dimensional responsibility encompassing administrative, regulatory as well as compliance functions. Insolvency professionals are at the heart of the IBC framework and responsible for managing the resolution process, conducting due diligence on creditor claims and ensuring compliance with the IBC's legal provisions. The duties of IPs have expanded since the code’s inception, with multiple amendments aimed at enhancing their operational efficiency. They are crucial in ensuring that Corporate Insolvency Resolution Processes (CIRP) progress smoothly by presenting and reviewing resolution plans, managing creditor claims and ensuring compliance with Section 30 of the IBC. One of the significant challenges faced by IPs is the increasing complexity of insolvency cases. Given the diverse nature of companies and the growing economic uncertainties, IPs need to balance creditor rights, facilitate consensus within the Committee of Creditors (CoC) and oversee asset valuations. The continued evolution of IP roles is further supported by the regulatory framework established by the Insolvency and Bankruptcy Board of India (IBBI), which introduces new guidelines and amendments to enhance the professional capabilities of IPs. These amendments also address issues like transparency and ensures that IPs work efficiently in resolving distressed assets while minimizing delays. Additionally, the shift towards increasing professional accountability, such as through stricter codes of conduct and continuing professional training ensures that the profession adapts to emerging challenges. The research will explore several key areas like the impact of judicial rulings on the role of IPs, how amendments to the IBC have introduced new responsibilities such as the verification of claims and restructuring distressed assets and the growing need for IPs to maintain professional conduct while facing complex negotiations. Furthermore, the research will assess how increased regulatory oversight and continued professional training are reshaping the future of IPs. The aim of this study is to provide a comprehensive overview of how the role of Insolvency Professionals has adapted to meet the dynamic needs of India's insolvency ecosystem. By tracing the evolution of IPs from compliance officers to strategic decision-makers, the research will highlight the challenges they face in ensuring procedural fairness, transparency and the efficient resolution of corporate insolvency cases. Moreover, the study will examine how IPs contribute to the economic stability of India by enabling distressed firms to either revive or undergo liquidation and thereby ensures a balance between growth, sustainability and financial resilience.670 views -
Reproductive Rights of Girls and Women with Intellectual Disabilities in India: A Legal Analysis
Research Scholar at Department of Law , The University of Burdwan, IndiaPages 2521 - 2538This paper explores reproductive rights for girls and women with intellectual disabilities in India. Despite developments that taken place in disability legislation and human rights frameworks, the exercise of reproductive autonomy continues to be denied to this marginalized group. Examining Indian laws and their effect on the reproductive rights of intellectually disabled women the study investigates key laws including Rights of Persons with Disabilities Act, 2016 and the Medical Termination of Pregnancy Act, 1971. The research highlights the disparities that exist between the intention of the law and its execution and calls for inclusive measures that endorse and support the decision-making abilities. Through case-based evidence and legal precedents, the research attempts to bring to light the obstacles these women face and to suggest potential changes that would facilitate more equitable access to reproductive healthcare. The research findings show that much needs to be done on empowering women through inclusive education, those services which are easily accessible, and advocacy groups on their own so that they can make decisions on their reproductive lives. The paper further recommends legal reforms, enforcement of better policies, and social awakening to uphold their reproductive rights in a meaningful and dignified manner.557 views -
The Breakdown of Live-in Relationships in India: Legal Recognition and Consequences
Research Scholar at Maharashtra National Law University, Nagpur, IndiaPages 2539 - 2543Live-in relationships are not a new phenomenon in Indian society, though their recognition and prevalence have notably increased in recent years, particularly in urban areas. The changing social landscape, increased individual autonomy, and evolving cultural attitudes have contributed to a gradual shift in the traditional perception of cohabitation outside marriage. However, this shift brings forth critical legal questions regarding the rights, responsibilities, and remedies available to partners, especially when such relationships come to an end. While Indian courts have progressively acknowledged live-in relationships under the ambit of the right to life and personal liberty enshrined in Article 21 of the Constitution, the lack of a specific legislative framework continues to result in ambiguity and inconsistent judicial decisions. This is particularly evident in matters related to maintenance, property division, protection from domestic violence, child custody, and inheritance. The judicial interpretations under laws such as the Protection of Women from Domestic Violence Act, 2005 and the Criminal Procedure Code provide some relief, but only on a case-by-case basis and often after substantial legal hurdles. This article critically examines the legal evolution, statutory provisions, and key judicial pronouncements surrounding live-in relationships in India, with a special focus on the challenges that arise upon the breakdown of such unions. It also draws upon comparative legal frameworks from other jurisdictions to highlight the need for a comprehensive and uniform statutory regime in India to ensure clarity, consistency, and justice for all parties involved.721 views -
Navigating the Dark Side of Digital Interaction: A Deep Dive into Cyber Teasing
Advocate & Legal Consultant in IndiaPages 2544 - 2559This article offers an in-depth analysis of cyber teasing as a modern digital threat, tracing its evolution from traditional public harassment to complex forms of online abuse. Cyber teasing is defined as a persistent pattern of behavior that involves insults, humiliation, and harassment through digital platforms such as social media, messaging apps, emails, and websites. This article explores the various tactics employed-from flaming and impersonation to exclusion and denigration-and examines the motives behind these acts, including the desire for sexual attention, revenge, and the intent to shame or humiliate. Special attention is given to the heightened vulnerability of women and teenagers, who are often the primary targets. The psychological, emotional, and social consequences for victims are discussed, including anxiety, depression, social isolation, and damage to reputation. This article also reviews the robust legal framework in India that addresses cyber teasing, referencing key provisions under the Information Technology Act, the Bharatiya Nyaya Sanhita (BNS), and other relevant statutes such as the Indecent Representation of Women (Prohibition) Act and the Young Persons (Harmful Publications) Act. These laws provide stringent penalties for offenses related to obscenity, sexual harassment, privacy violations, and defamation. Ultimately, the article underscores the importance of awareness, proactive self-protection, community support, and legal recourse in combating cyber teasing and fostering a safer online environment.557 views -
Pages 2560 - 2569This article provides a legal perspective on the mental health of prisoners in India by examining the legal frameworks – both statutory framework and landmark judgments related to mental health in Indian prisons and identifying the challenges faced by Indian prisons in providing mental health care to its prisoners such as overcrowding, lack of training for prison staff, stigma around mental health, and insufficient funding. The article highlights the high prevalence of psychiatric disorders, suicidal ideation, and self-harm among prison inmates, revealing a stark disparity between legal mandates and ground realities. This article further explores the international best practices in providing mental health care to prisoners by reviewing the mental health care model in prisons of the Netherlands which is known to have one of the best systems globally for dealing with mentally ill prisoners. It also elaborates on the principle of diminished responsibility and Terbeschikkingstelling (TBS) under the Dutch Criminal Code. By examining relevant laws, policies, and the comparative study this article seeks to highlight the gaps in the system and propose reforms to better address the mental health needs of prisoners, ensuring their right to dignity, rehabilitation, and proper medical care. Ultimately, the article advocates for a more humane, rehabilitative, and rights-based approach to incarceration that ensures the mental well-being and dignity of all prisoners.620 views
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Pages 2570 - 2578Period poverty is a widespread global problem affecting a significant proportion of people who menstruate worldwide and causing physical, mental and emotional challenges. Lack of access to resources and knowledge about period hygiene e.g. hygiene products, washing facilities and waste disposal, medical facilities etc. referred to as period poverty. A key challenge in this scenario is the lack of availability to safe and hygienic menstrual products, as well as the inaccessibility to basic hygiene. It is a hard fact that menstrual products are not included in the Essential Commodities Act, 1955. Therefore, it is imperative to have a conversation about it. The aim of this doctrinal research is to analyse all the factors that contribute to the social and legal aspects surrounding the issue of period poverty.532 views
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Pages 2579 - 2594The legislation called the Transplantation of Human Organ Act (THO) was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh) has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilise the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on July 30, 2008, the Government brought in a few new amendments as a Gazette with the purpose of putting a stop to organ commerce. The ethics of commerce in organ donation and transplant tourism has been widely criticised by international bodies. The legal and ethical principles that we follow universally with organ donation and transplantation are also important for the future as these may be used to resolve our conflicts related to emerging sciences such as cloning, tissue engineering, and stem cells.942 views
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Violence against Women in India and How to Make India a Safe Heaven for Women
Phd Research Scholar at Rajiv Gandhi National University of Law, Punjab, IndiaPages 2595 - 2609The constitution of India provides a safeguards and protection to all citizens of India whether children, lunatics, senior citizens, etc. the child rights in India is adopted in our constitution since from beginning 1950 includes most of the rights in UN Convention on child rights as Directive Principal of State Policy. The State is also given responsibility to protect the rights given to children, women, senior citizens etc. Over the years the many Individual and Public Interest groups has approached court and helped in making the law relating to women rights be more stringent and effective from time to time. Recently the crimes related to women and in past few years the rise in cases of crime relating to women in India has proved as eye opener for new stringent law for their protection and granting equal status in society. The most recent example is of case of 2012 Nirbhaya Gang Rape in Delhi after which the amendments in IPC and changes in juvenile justice act. The aim of my project is to know the solutions to end violence against women in India. Based on Review of literature of articles on Heinonline and Jstore and some case study on women’s rights and reading some Judgements of Apex court which has led to making stricter law for women’s safety in India. Recent incidents in past few years that helped in changing the law relating to women and has led to Bigger question of “How violence against women can be ended?” My project will cover 5 to 6 Heading pointers followed by Introduction of the Topic what are women’s rights and how can it be protected which includes what constitute violence against women and How can it be controlled. Then the next heading will be Rising in cases of violence against women in recent -: Analysis of growth in crimes related to women in India and recent cases such as Hathras Gang Rape and Hyderabad Gang Rape Case and most recently in Punjab Rape and Murder of 6year old girl child in Tanda. Then the next Heading Will be Is India becoming Unsafe for Women’s -: Comparison of crimes against women in India and other developing Nations and steps taken by our judiciary and parliament in ensuring women’s safety are sufficient. Then the next heading will be Various Types of crime Relating to Women-: law realting to it and Is law enough to provide safety of Women and what more could be done. The causes of rise in crimes against women and its way forward. In my project I will analyze the How Rape is becoming most common form of violence against women in India and India becoming world’s most dangerous country for sexual crimes against women. In the last heading there will be Analysis of women’s right in India and other Nations and How can we make an India a safe haven for women and end all crimes relating to women by providing solution to problem and the need to do more from just making law’s is not enough for women’s protection. Changing the mindsets of society and giving knowledge to women about their basic rights given by our constitution and most important is we need to make a collective effort to end the problem of violence against women. And empowerment of women is first step to end violence against women and giving women equal rights in society. Analysis of steps taken by State to protect women’s right and safety for example states such as Rajasthan, Jammu Kashmir and Haryana as passed a law for death penalty for rapes of minor below 12 year of age.546 views -
A Study of Stubble Burning in State of Punjab & Environmental Justice
Phd Research Scholar at Rajiv Gandhi National University of Law, Punjab, IndiaPages 2610 - 2618This research paper presents a comprehensive study on the practice of stubble burning in the state of Punjab, India, with a specific focus on its implications for environmental justice. Chapter 1 outlines the foundation of the research, beginning with the identification of the core problem, which lies in the persistent and seasonal occurrence of stubble burning despite policy interventions. The chapter further presents the research hypothesis that stubble burning is both a socio-economic and environmental issue, examines the methodology employed, and sets forth clear objectives and guiding questions. Chapter 2 delves into the environmental and public health risks associated with stubble burning, including air pollution, soil degradation, and respiratory illnesses. Chapter 3 explores the socio-economic and agrarian factors contributing to the continuation of this practice, including short harvest cycles, lack of viable alternatives, and economic constraints faced by farmers. Chapter 4 highlights potential solutions, government initiatives, and successful case studies from within and outside India that offer practical and scalable alternatives. The study concludes that addressing stubble burning requires a multidisciplinary approach that integrates sustainable farming practices, economic incentives, and legal frameworks ensuring environmental justice for all affected communities.779 views -
Why Civil Services are Important in India: An Analysis of Role of Civil Service under Administrative Law
Phd Research Scholar at Rajiv Gandhi National University of Law, Punjab, IndiaPages 2619 - 2630Civil services play a pivotal role in the administration and governance of India, acting as the backbone of the country’s bureaucratic framework. This research paper examines the significance of civil services within the broader context of administrative law and governance in India. Through a critical analysis, the study explores how civil servants contribute to the formulation and implementation of public policies, ensure the delivery of essential services, and uphold the rule of law. The paper begins by outlining the research problem, hypothesis, and methodology, followed by a detailed analysis of the civil services’ roles in governance, their constitutional foundations, and their evolving relevance in the modern era. The study also addresses the challenges faced by the civil service system and proposes recommendations to enhance its efficiency and accountability. By analyzing constitutional provisions and current administrative practices, the research highlights the indispensable role of civil services in sustaining democratic governance and promoting public welfare in India.821 views -
Juvenile Justice System and its Impact on Juvenile: A Socio-Legal Analysis
LL.M. student at Faculty of Law, ICFAI University, Tripura, IndiaPages 2631 - 2641The juvenile justice system is a vital mechanism that addresses the special legal and social demands of young offenders while striking a balance between justice and rehabilitation. This article provides a socio-legal examination of the juvenile justice system, emphasizing its influence on adolescents in light of both legislative provisions and social reality. The study begins by outlining the historical evolution of juvenile justice laws and focusing on significant legislative actions aimed at preserving juveniles' rights and welfare. It looks at the concepts that underpin these laws, such as the emphasis on rehabilitation over punishment and the identification of adolescents as vulnerable members of society who require special protection. The article emphasizes the complicated connection between socioeconomic circumstances and adolescent misbehaviour by delving into social issues such as poverty, home environment and education. It critically examines how the legal framework interacts with these socioeconomic issues and rates the juvenile justice system's success in attaining its rehabilitative objectives. While the system provides a variety of options for rehabilitation and social reintegration, difficulties such as stigma, insufficient infrastructure, and inconsistent execution reduce its effectiveness. The article also discusses important problems such as determining juvenile age, procedural safeguards, and the roles of numerous parties, including law enforcement, the judiciary, and social agencies. Lastly, the article makes proposals to improving the juvenile justice system through legal reforms, better implementation tactics, and greater community participation.783 views -
Influence in Behaviour: Acceptance in Law
Student at Bharati Vidyapeeth New Law College Pune, IndiaPages 2642 - 2651At times when parliament has a subject matter of making law in relation to the behaviour change of people it gets tough to understand what they are really doing. In modern times with various products and a huge market gap people often get confused about what to do and what not and along with that comes the change in law. Despite governments’ various attempts to make the economic flow smooth, the sudden change in the demand and supply of the market either domestic or internationally leads to a chaotic situation be dealt with. The behaviour of the consumer is very dynamic, and law is majorly rigid until unless you have flexible judiciary to implement the written text into most efficient comprehension. This article deals with understanding of how behavioural economics effects the law-making authority decisions. At times people criticize the government for the union budget until they learn about no tax for individuals earning Rs.12 lakh per annum. Dynamic is a small word that highlights the consumer and for this never comprehending concept we have limited applications such as consumer law , contract law & other such law which deals with the law related to economics. Dealing with wider concept the paper specifically understands the law-making authority decisions on the changing behaviour of the citizen and showing the connection between both law and economics. This Article may lead to show case a balanced relation between law and economics.664 views -
VISION 2047: Building a Sustainable and Inclusive India for Future Generation
Student at Jagran Lakecity University, Bhopal, IndiaPages 2652 - 2657In today’s busy life, there are several parameters which need to be concerned in order to make our country more secure in consuming Natural Resources and saving it for future Generation. Nowadays, we saw lot many changes include Innovation in Science and Technology. By introducing a generation or a variety of Artificial Intelligence. In election process, Government acknowledged that each person should cast vote. This will help people who are not able to do so. Social media is achieving popularity in today’s world, we have lot many good Technologies that helps in combating cybercrimes but it increases it. Education sector is developing to it’s best and provides education to grass root level. Still there are several sectors where numerous Natural resources are untouched. What if; in future there is no rain, no food to eat, no fresh air to breathe for our future generation. Have we ever thought about it? Now a days we mean humans are only concerned to fulfil our needs which are going beyond the capacity of consuming our Natural Resources. Human wants are unlimited. It never gets satisfied. I have seen a lot many instances where humans and of course we people are exploiting and deteriorating our Nature and Natural resources including forest, river, land, air, water, soil and Mountains.644 views -
The Law on Economic Crimes in India: An Overview
Assistant Professor at Department of Law, Kurukshetra University, Kurukshetra, IndiaPages 2658 - 2667A distinct class of criminal offences is known as economic offenses. Economic offenses can have detrimental effects on the entire country's economy in addition to causing financial hardship for the victims. Economic offenses include money laundering, fraud, financial scams, counterfeiting, and other crimes that have a major negative influence on the security and administration of the country. This essay aims to provide an overview of the prevalence of economic crimes in India as well as the legal responses to these crimes. There are four sections to the paper. An overview of economic crimes, pertinent laws, and the Indian enforcement agency are provided in the first section. The Indian Penal Code's provisions on economic crimes are addressed in the second part. The laws governing money laundering are explained and cybercrimes—which are becoming more and more common as people use the Internet more frequently—are the subject of this paper.1,067 views -
Victims’ Role in the Criminal Justice System: A Comparative Analysis of India, UK, and US
LL.M. student at NALSAR University of Law, Hyderabad, IndiaPages 2668 - 2684Traditionally, victims in criminal proceedings have always been downgraded to the role of passive witnesses, while the state dominates the legal process. The victims' statements have barely impacted judicial decision-making in India. Also, victim participation often remains symbolic rather than substantive. There is a struggle to balance victim participation with the rights of the accused in many countries. However, recently, there have been legal developments in both India and international platforms as they have recognised the need for greater victim participation. This paper examines the evolving role of victims in India's Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and compares it with global frameworks, including the UN Declaration of Basic Principles for Victims, along with victim participation mechanisms in the UK and US, In this paper, I would like to analyse the current legal framework in India, including key provisions within the BNSS that define victim rights, such as the right to file an FIR, engage private counsel, claim compensation, and appeal. It evaluates the limitations and inconsistencies of these rights, particularly the restrictions on independent prosecution and decision-making power. The paper further analyses the right to make personal statements and access to support services provided in the UK’s Victim Code and the USA's Crime Victims’ Rights Act, and how to incorporate these provisions in the Indian legal system. This research suggests enhancing victim empowerment in India with the help of greater victim participation. Therefore, it involves passing an overarching law encompassing victim rights, active participation in the trial, and securing participation of the victims from investigation to the trial. Finally, a balanced approach is necessary that makes victim rights converge with due process, avoiding secondary victimisation but making the criminal justice system fairer.1,335 views -
Ecosystem Restoration and Human Rights: A Framework for Assessing the Impacts and Benefits for Nature-Based Solutions for Climate Adaptation
Assistant Professor at Centre of Excellence, University School of Law, Gujarat University, IndiaPages 2685 - 2697Climate change constitutes a significant threat to human rights, particularly for the most vulnerable and marginalized populations. Ecosystem restoration is a nature-based strategy that can prevent and adapt to climate change impacts, while also offering numerous co-benefits for human well-being and biodiversity. Ecosystem restoration involves trade-offs and dangers that must be meticulously evaluated and managed. This study presents a methodology for assessing the effects and advantages of ecosystem restoration on human rights, grounded in the values of participation, accountability, non-discrimination, empowerment, and legality. The framework consists of four steps i.e., Identifying the relevant human rights and ecosystem services; Assessing the baseline situation and the potential changes due to ecosystem restoration; Designing and implementing appropriate measures to enhance the positive outcomes and minimize the negative impacts of ecosystem restoration. The paper demonstrates the implementation of the paradigm and concludes with recommendations for policymakers, practitioners, and scholars on integrating human rights and ecosystem restoration in a comprehensive and inclusive manner.559 views -
Practicality of Uniform Civil Code
Student at Gujarat National Law University, Gandhinagar, IndiaPages 2698 - 2712The Uniform Civil Code (UCC), as envisioned under Article 44 of the Indian Constitution, proposes a single, unified legal framework to govern personal laws related to marriage, divorce, inheritance, and property—irrespective of religious affiliations. Historically, the idea of a uniform legal system can be traced back to the Lex Loci Report of 1840, which recommended the codification of laws concerning crimes, contracts, and evidence. However, the British colonial administration deliberately excluded Hindu and Muslim personal laws, reinforcing the policy of “divide and rule.” The essence of the UCC lies in ensuring legal equality and justice by eliminating discriminatory practices embedded within religious personal laws. However, despite being enshrined in the Directive Principles of State Policy (DPSP), the UCC remains a constitutional aspiration rather than a binding law. The challenge of implementing a uniform civil code in a nation as culturally and religiously diverse as India is immense, requiring a delicate balance between legal uniformity and social harmony. This paper critically examines the feasibility, challenges, and implications of drafting and implementing the Uniform Civil Code in India. It explores whether a truly just and inclusive UCC can be framed—one that upholds the principles of secularism, equality, and individual rights while being sensitive to India's pluralistic ethos.835 views -
Right to Education in the Light of National Education Policy (NEP) 2020
Research Scholar at Dr. Ram Manohar Lohiya National Law University, Lucknow, IndiaPages 2713 - 2722India's education policy has been thoroughly reformulated with the NEP 2020, which intends to adapt the nation's educational system to the demands of the twenty-first century. The policy aims to give all students a comprehensive and multidisciplinary education and is founded on the ideas of availability, equality, affordability, excellence, and accountability. The main points of the NEP 2020 are covered in this essay along with the necessity of early childhood education and care and the implementation of the 5+3+3+4 curriculum within the framework of the RTE Act 2009. The paper conducts a critical analysis of the obstacles that the NEP 2020 implementation may encounter, including the scarcity of qualified educators and the digital gap. All things considered, NEP 2020 offers India a rare chance to revamp its educational system and get its students ready for the opportunities and challenges of the future.867 views -
Challenges and Potential Solutions to Ensure the Privacy and Security of LGBTQ Individuals
Research Scholar at DBS Global University, Dehradun, IndiaPages 2723 - 2741The privacy of the health data for LGBTQ+ individuals in India is a very serious concern, showing systematic gaps in the healthcare industry and societal biases. The manner in which data is collected today is strict and non-inclusive, which creates negative consequences in terms of misidentification and treatment deficiencies for LGBTQ+ patients. Although technologically efficient, digitization of health information results in increased risk of privacy breaches and unauthorised access, compounded by inadequate legal protections. The current Indian legal system of the Right to Privacy, IT Act, 2000, The Digital Personal Data Protection Act, 2023 gives only partial protection without any reference to health data of LGBTQ+ community. Transgender Persons (Protection of Rights) Act, 2019 specially addresses non-discrimination in healthcare (including insurance) for transgender, but does not apply to broader LGBTQ+ health with regard to data privacy. Challenges are associated with society estimated stigma attitudes with subsequent low help-seeking behaviour, legal gaps, errors during data collection, risks of digitalisation and lack of knowledge and training for healthcare professionals. Tackling these problems will require broad responses like enactment of new legislation that clearly defines and protects sensitive LGBTQ+ health data; adoption of sensitive data-collection methods; and beefing up data security with strong encryption and tight access controls.469 views -
Reform of Bail Law in India
Student at Amity University, Noida, IndiaPages 2742 - 2748The principle that “bail is the rule, jail is the exception” is meant to protect individual liberty – yet, in today’s India, the reality often falls short of that promise. Arbitrary arrests, long periods of pre-trial detention, and the difficulty of securing bail continue to plague the criminal justice system, especially for the poor and marginalized. This paper explores how the bail system, despite constitutional safeguards under Article 21 and established judicial principles, frequently operates in a way that undermines the presumption of innocence. By closely examining the legal provisions under the Code of Criminal Procedure, 1973, and analyzing key Supreme Court decisions such as State of Rajasthan v. Balchand (1977), Dataram Singh v. State of U.P. (2018), and Satender Kumar Antil v. CBI (2022), the study highlights both the progress made and the gaps that remain. Drawing from real-world cases, data on undertrial prisoners, and recent judicial observations, the paper argues for urgent reforms – from simplifying bail procedures to rethinking how courts assess flight risk and social background. Ultimately, the aim is to ask a simple but vital question: How can we make bail truly accessible for all, and not just for a privileged few? Ensuring that liberty is the norm, not the exception, is essential if India’s criminal justice system is to stay true to its constitutional values.1,119 views -
Pages 2749 - 2768This paper critically examines the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution and how it applies to convicts, undertrial prisoners, and detainees. It explores the evolution of judicial interpretations, statutory reforms introduced through the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), and the practical challenges in the criminal justice system that impede the realization of these rights. Through extensive case law, legislative analysis, and comparison with international standards, this paper highlights systemic gaps and proposes reformative measures aimed at ensuring dignity, justice, and constitutional compliance within the penal system.604 views
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Pages 2769 - 2780Cohabitation, or live-in relationships, represents a significant shift in the traditional Indian socio-cultural landscape, where marriage has historically been the primary institution for forming familial bonds. This paper examines the evolving phenomenon of cohabitation in India, with a particular focus on the interplay between educational achievement and gender disparity. The study explores how educational attainment influences the acceptance and dynamics of cohabitation and addresses the gendered experiences of individuals in these relationships. Higher educational attainment is often associated with more liberal attitudes towards cohabitation. Educated individuals, particularly those in urban areas, are more likely to challenge traditional norms and embrace cohabitation as a legitimate lifestyle choice. This shift is attributed to several factors, including exposure to diverse cultures, economic independence, and a broader understanding of personal rights and freedoms. However, regional variations persist, with urban areas showing greater acceptance of cohabitation compared to rural regions. Gender disparity significantly affects the experience and perception of cohabitation in India. Women in cohabiting relationships often face harsher societal judgment and stigmatization than men, reflecting deep-seated patriarchal norms. Family pressure and traditional gender roles exacerbate these challenges, making it more difficult for women to choose cohabitation. Despite legal protections aimed at safeguarding the rights of women in live-in relationships, economic and legal vulnerabilities remain a concern. This paper also presents case studies that illustrate the impact of educational achievement and gender disparity on cohabitation. An urban, educated couple experiences relatively greater acceptance from their social circle but still faces gender-specific familial pressures. Conversely, a rural couple with lower educational attainment encounters significant social stigma, highlighting the intersection of education and regional cultural norms. Understanding the influence of educational achievement and gender disparity on cohabitation has important implications for policy and social interventions. Recommendations include strengthening legal protections, promoting educational programs that address gender norms, and conducting awareness campaigns to reduce societal stigma. Addressing these issues requires a multifaceted approach to foster a more inclusive and equitable society.909 views
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Pages 2781 - 2794India’s Protection of Children from Sexual Offences (POCSO) Act, enacted in 2012, seeks to safeguard minors from sexual abuse through comprehensive provisions, including child-friendly investigations, special courts, and strict penalties. Recent amendments address emerging digital threats and aim to expedite justice. Aligned with international standards under the UNCRC, the Act mandates reporting by key stakeholders, reinforcing a societal commitment to child safety. However, challenges persist, such as trial delays, low conviction rates, underreporting, and limited child-friendly infrastructure. Strengthening public awareness, infrastructure, and training for legal personnel is essential to ensure that POCSO effectively protects India’s most vulnerable.907 views
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Marital Rape and its Struggle with Law in India
Student at Gujarat National Law University, Silvassa Campus, IndiaPages 2795 - 2805Marital rape, as the name suggests refers to non-consensual sexual intercourse with one’s spouse. It is rape that occurs within the “sacrosanct” institution of marriage. Unlike rape that is criminalised in India under section 64 of the Bhartiya Nyaya Sanhita, 2023, the Indian law does not recognise marital rape as a crime. There have been continuing debates and discussion around marital rape in the social and legal arena, however, the status of marital rape in India remains the same. This paper delves into the longstanding struggle of marital rape with law and society and the dire need to criminalise marital rape in India. The author depicts this struggle through Law Commission reports, Parliamentary debates and Judicial decisions. In this paper, the author has attempted to depict the journey of marital rape in the legal field, from the marital rape exception in the criminal law, arguments advanced against marital rape to the present realities that demand the recognition of marital rape as a crime. Further, the author discusses the data available on marital rape, highlighting the distress and cry for help when there is a lack of remedies if a woman is raped by her husband. The paper concludes on the note that criminalising marital rape in India is an indispensable need of the hour, and it is high time for India to take action for the plight of married Indian women.959 views -
Copyright Protection for Fictional Characters: Balancing Creativity and Legality
Senior Research Fellow at Faculty of Law, University of Lucknow, IndiaPages 2806 - 2819The ever engaging fantasy of the fiction has always been a part of IP regime. The question related to the protection given to the characters which are associated with the fiction puts an imperative obligation on the makers of such fiction that, whether they want to protect such characters independently of the work in which they are being imbedded or not? This concept goes beyond the normal protection given to the works of the author under the copyright regime. Generally speaking, the very aim of defining this kind of protection is to facilitate the authors to get the additional benefits which may arise in the independent utility of the characters. The courts are of the view to define such rights on the basis of the relevancy of the characters with regards to their description that they can be identified independently and their association with the story. The main issue in the copyrightability of the character is the application of the tests given by the courts and are they sufficient enough to provide protection to the characters? This paper analyses the evolution of protection given to characters and gradually goes into the intricacies of the concept. Later it delves into the Indian court’s interpretation and implications of such protection. Moreover, the scheme of paper also analyses the tests being evolved by the courts and their applicability in the respective fields which puts an obligation on the courts of other jurisdiction to be cautious before following precedents related to protection of characters under IP laws.645 views -
Pages 2820 - 2832The conversation around artificial intelligence (AI) in the legal sector has gradually moved from academic speculation to practical deployment. With courts across jurisdictions increasingly relying on digital tools to manage caseloads, improve access, and ensure efficiency, the question is no longer whether AI will shape the justice system, but how? As technology evolves, it is expected to supplement judicial functions, albeit under careful human supervision. India, while conservative in adopting AI in adjudicatory roles, is taking decisive steps through legal reform and pilot initiatives. Among the areas ripe for such integration is the domain of probation. Probation is a reformative legal mechanism that permits courts to release certain categories of offenders under supervision instead of awarding custodial sentences. It strikes a balance between the punitive and rehabilitative aims of criminal justice, especially for first- time or low- risk offenders. With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , procedural law has evolved to emphasise fairness, evidence-based sentencing, and socio- personal context in judicial decisions. These developments create adjudicators in probation assessments. This paper explores the potential role of AI in adjudicating probation decisions in India, critically examining whether its inclusion can serve the interests of justice or merely substitute one form of bias with another. It also evaluates the compatibility of AI systems with the normative goals of probation, particularly in a country where socio- economic disparities and underdeveloped forensic infrastructure continue to shape judicial outcomes.616 views
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Gambling Reforms: Uncovering a Buried Legal Challenge
Research Scholar at Faculty of Law, University of Delhi, IndiaPages 2833 - 2846Over the last two decades, there has been a significant growth in public knowledge of capital resources, including profit-driven exchanges and games. Gambling and betting are popular financial and recreational pastimes. Although gambling is firmly ingrained in Indian culture, the Public Gambling Act of 1867, enacted during the British Empire, prohibits all forms of gaming. Despite a shift in the gaming sector, the statute remains mostly unchanged 160 years later. Sports betting and gambling laws need to be updated to reflect technology advancements and developments. Commissions established by the Supreme Court of India and Parliament have proposed reforming the gaming act to legalise betting and gambling for the country's socio-economic benefit. The paper proposes a complete legal framework to govern gambling and betting in India, emphasising skill-centric games, fair procedures, and requiring bettors to register with a licensed operator. The paper highlights the importance of a modern protocol for licensed gaming and betting, particularly with the rise of blockchain-based platforms and crypto-currency acceptance as payment methods. This paper suggests that India should follow the lead of other nations by enacting a comprehensive gaming law that replaces any conflicting regulations.667 views -
Fair Value of Investment Funds: Determination Methods
LL.M. Student at NALSAR-IICA, IndiaPages 2847 - 2862Fair value measurement is crucial for accurately representing the value of investment funds in the financial statements. The valuation of investment funds whether mutual funds, private equity funds, or hedge funds, depends on various methods that ensure the accurate and fair presentation of the assets within these funds. Fair value accounting is especially relevant in determining mutual funds; Net Asset Value (NAV), assessing illiquid assets; value in private equity, and valuing complex portfolios in hedge funds. The International Financial Reporting Standards (IFRS 13) and the Indian Accounting Standards (Ind AS 113) outline specific principles for determining fair value, emphasizing the importance of market-based, income- based, and cost-based approaches. However, challenges arise when market prices are unavailable, assets are illiquid, or subjective judgment is involved. This research paper explores the primary methods used to determine fair value in investment funds, comparing the global and Indian regulatory frameworks. Through case studies, the paper highlights the challenges fund managers and auditors face in applying these methods. Furthermore, it examines the role of auditors in ensuring the integrity of fair value estimates and the regulatory oversight that governs fair value determination practices. By analyzing real-world examples, this paper provides insights into the practical applications and limitations of fair value determination, offering recommendations for improving valuation practices in the industry.866 views -
Abuse of Dominance through Trademark Enforcement: How Dominant Firms Use Trademark Rights to Stifle Competition
Research Scholar at Lucknow University, IndiaPages 2863 - 2871Intellectual property (IP) rights and competition law serve intertwined but sometimes conflicting goals. Trademarks grant an exclusionary right—often indefinitely, so long as the mark is used—to the owner. This lawful monopoly is intended to promote consumer welfare by identifying product origin and incentivizing investment in quality and goodwill. Yet, “assertion of intellectual property rights is neither particularly suspect nor immune from scrutiny” under antitrust law. Trademark protection is justified by the need to assure consumers that mark bearing products come from the same source and meet expected quality standards. Representative examples of over enforcement include: sending overly broad cease-and-desist letters, filing lawsuits against weak targets, and pursuing claims far beyond the mark’s valid scope.633 views -
Environmental Law: Evolution, Principles, and Challenges in a Globalized World
LL.M. Student at Jagannath University, Jaipur, IndiaPages 2872 - 2883Environmental law has emerged as a vital field in the global legal system, aimed at regulating human activities to protect the environment and promote sustainable development. As the scale and complexity of environmental degradation continue to grow—manifesting in climate change, deforestation, air and water pollution, and biodiversity loss—legal instruments have become indispensable in managing the interface between human development and ecological preservation. This abstract provides a comprehensive overview of the evolution, foundational principles, key international and national frameworks, and major challenges within environmental law. It also presents strategic directions for future legal development and governance. Historically, environmental law has its roots in traditional customs and early legal codes that sought to manage natural resources such as forests, water, and fisheries. However, the modern discipline of environmental law developed in the latter half of the 20th century, particularly following the environmental movements of the 1960s and 1970s. Notable milestones in this development include the enactment of the United States’ National Environmental Policy Act (NEPA) in 1969, the establishment of the United Nations Environment Programme (UNEP) following the Stockholm Conference in 1972, and the Earth Summit in Rio de Janeiro in 1992. These events catalyzed the adoption of major international treaties, such as the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change (UNFCCC), and Agenda 21, which laid the groundwork for global environmental governance. Environmental law is built upon several universally accepted legal principles that inform policy design and enforcement. The precautionary principle advocates for proactive action to prevent environmental harm, even in the absence of complete scientific certainty. This principle has become particularly important in addressing emerging risks like climate change, nanotechnology, and genetically modified organisms. The polluter pays principle assigns responsibility to those who cause environmental harm, requiring them to bear the financial costs of pollution control and damage remediation. Sustainable development serves as the guiding vision for environmental law, promoting the integration of environmental, social, and economic considerations in policymaking. Another cornerstone principle is public participation, which emphasizes the rights of individuals and communities to access environmental information, participate in decision-making, and seek judicial remedies for environmental harm. Together, these principles form the ethical and functional basis of contemporary environmental law. Environmental law also faces several pressing challenges in the modern era. Climate change, arguably the most urgent global issue, has exposed the inadequacy of existing legal systems to enforce mitigation and adaptation goals. Corporate environmental accountability remains difficult to ensure, especially when multinational companies operate across borders and exploit regulatory loopholes. Environmental injustice persists, as marginalized communities frequently bear a disproportionate share of environmental harm while having the least access to legal remedies. Additionally, conflicts between traditional legal systems, national legislation, and international norms—especially in indigenous and rural regions—can create legal pluralism that complicates enforcement.893 views -
Mental Healthcare Act, 2017: A Human Rights Perspective
Student at Symbiosis Law School, Noida, IndiaPages 2884 - 2892The enactment of the Mental Healthcare Act, 2017 marked a transformative shift in India's approach to mental health, moving away from a custodial and institutional model to one that upholds dignity, autonomy, and the fundamental human rights of individuals with mental illness. Replacing the outdated Mental Health Act of 1987, this legislation aligns with international human rights standards, particularly those outlined in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The Act introduces key provisions such as the establishment of regulatory bodies, formation of Mental Health Review Boards, registration of mental health establishments, provision of free treatment for those below the poverty line, and mechanisms to ensure patient rights and legal support. Despite these progressive measures, the full implementation of the Act remains challenged by systemic issues such as inadequate infrastructure, limited financial and human resources, and the persistent stigma surrounding mental illness in Indian society. This paper explores the Mental Healthcare Act, 2017 from a human rights perspective, critically analysing its provisions and benefits. It also highlights the urgent need for specialised training in forensic psychiatry and the development of expert centres to bridge existing gaps in service delivery. The study underscores that while the MHCA 2017 has laid a strong legislative foundation, meaningful reform in mental health care requires not only legal advancement but also proactive policy support, public awareness, and the development of a skilled mental health workforce. The Act is a vital step forward in securing equitable, dignified, and rights-based mental health care for all Indians.937 views -
Pages 2893 - 2902A constitution’s fundamental rights are the fundamental freedoms that every citizen is entitled to, which include equality, liberty, and justice. These rights safeguard citizens from capricious state actions in democracies. Administrative discretion is the latitude granted to public servants or government agencies to decide within the parameters of their jurisdiction. Administrators can act effectively and adjust to various circumstances by using discretion, but it must be used cautiously to avoid abuse or misuse. Administrative discretion and fundamental rights are closely related. There are situations where administrative judgments can impact or restrict a person’s rights, including the freedom of speech, equality, and immunity from arbitrary imprisonment. Courts are crucial in these situations because they assess whether the exercise of discretion is reasonable, fair, and consistent with constitutional principles. Legal problems may arise if administrative discretion is applied unfairly or biasedly, as this could infringe basic rights. Legal systems frequently impose rules and restrictions on the use of discretion in order to preserve equilibrium. Individual rights are upheld by the application of principles like natural justice, rationality, and non-arbitrariness. This encourages responsibility and shields people from the state's unjust treatment. In overall, administrative discretion must be used within the bounds established by fundamental rights even though it is essential for efficient governance. A healthy balance between the two guarantees that the state operates effectively while defending people’s liberties and rights.774 views
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Pages 2903 - 2911Human trafficking is one of the most pressing human rights violations in contemporary India, encompassing forced labor, sexual exploitation, child trafficking, bonded labor, and organ trade. Despite a broad legal framework including constitutional protections and multiple statutes like the Indian Penal Code, the Immoral Traffic (Prevention) Act, and the Bonded Labour Abolition Act, human trafficking continues to thrive due to poor enforcement, fragmented laws, and systemic vulnerabilities. This dissertation undertakes a critical and analytical study of the legal framework addressing human trafficking in India, with a specific focus on high-incidence states like West Bengal and Bihar. It evaluates the effectiveness of statutory and judicial responses, identifies implementation challenges, and explores institutional inefficiencies, including the role of law enforcement agencies, judiciary, and rehabilitation mechanisms. It also provides a comparative legal analysis with international best practices to highlight gaps and potential improvements. Through case studies, field observations, and a thorough review of policy and legislation, the study reveals that while significant legal provisions exist, their impact is diluted by inadequate coordination, lack of training, and victim-insensitive procedures. The dissertation concludes with comprehensive recommendations for legal reform, policy restructuring, and improved survivor-centric approaches. It advocates for a consolidated anti-trafficking law, enhanced interstate coordination, increased accountability, and greater investment in research and rehabilitation.797 views
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Pages 2912 - 2936Patent licensing is a key instrument in the global innovation ecosystem, facilitating the transfer and commercialization of technology. As intellectual property becomes central to economic competitiveness, the legal frameworks governing licensing shape access to innovation, particularly in vital sectors like health, communications, agriculture, and renewable energy. This article offers a comparative analysis of patent licensing regimes in the United States, European Union, India, China, Brazil, and Japan, covering both voluntary and compulsory licenses, their legal underpinnings, and interplay with competition law. It also examines the TRIPS Agreement and its flexibilities, such as those under Article 31 and the Doha Declaration. Emerging challenges—including standard-essential patents (SEPs), FRAND obligations, climate change technology, and equitable access to medicines—are assessed. The article concludes by calling for more balanced and globally coherent licensing policies that support innovation while addressing public interest needs.706 views
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Pages 2937 - 2946The Polluter Pays Principle (PPP) has emerged as a cornerstone of environmental jurisprudence in India, holding polluters financially and legally accountable for the harm they cause to the environment. This paper traces the judicial evolution of PPP from its foundational articulation in Indian Council for Enviro-Legal Action v. Union of India (1996), popularly known as the Bichhri case, to its reaffirmation and refinement in the recent Supreme Court judgment in Vellore District Environment Monitoring Committee v. Union of India (2025). The study investigates how the Supreme Court has progressively transformed PPP from a doctrinal import into a practical tool for environmental accountability and remediation. The principles’ theoretical foundation, along with their integration into India’s legal system, have been analysed in this paper, drawing from key cases the National Green Tribunal decided. The paper discusses the impact of the principle of PPP on the balance between economic development and environmental protection, taking into account the immediate impacts of climate change, pollution, and biodiversity loss, which India is facing. Thus, the paper aims to fully explain how the PPP has shaped and continues to influence the governance of the environment in India.1,292 views
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Guarding against Boardroom Tyranny: Understanding Oppression & Mismanagement under the Companies Act, 2013
Student at Jogesh Chandra Chaudhuri Law College, University of Calcutta, IndiaPages 2947 - 2958In the intricate and often volatile realm of corporate affairs, power imbalances, internal disputes, and unchecked authority can significantly hinder the effective and equitable functioning of a company. Such dynamics frequently give rise to acts of oppression & mismanagement, particularly when those in positions of control exploit their power to the detriment of minority shareholders or the broader interests of the company. These issues not only erode the principles of fairness and accountability in corporate governance but also challenge the foundational tenets of corporate democracy and transparency. This article undertakes a comprehensive analysis of the legal concepts of oppression & mismanagement within the context of corporate entities, with a particular emphasis on their definition, scope, and the conditions under which such claims may arise. It provides a detailed exploration of the historical evolution of legal mechanisms developed to curb such practices, charting the legislative progress from earlier statutory provisions to the current regulatory framework under the Companies Act, 2013. Special attention is given to the interpretation of Sections 241-245 of the Act, which form the cornerstone of legal remedies available to aggrieved shareholders in India. It also addresses the landmark judicial precedents that have significantly contributed to the growth of jurisprudence in this domain. Additionally, this article also discusses about the recommendations to prevent oppression and mismanagement.677 views -
Victim Assistance Mechanisms in POCSO Special Courts: Evaluating Frameworks through a Comparative Lens
Assistant Professor of Law at Tamil Nadu National Law University, Tamil Nadu, IndiaPages 2959 - 2981This paper critically examines the witness protection mechanisms available to child victims under India’s Protection of Children from Sexual Offences (POCSO) Act, 2012, and evaluates their adequacy in practice. It compares these measures with those in selected jurisdictions (United Kingdom, United States, Australia, South Africa) to highlight strengths and gaps. The research aims to assess whether existing safeguards (statutory provisions, guidelines, judicial norms) effectively shield child witnesses during investigation and trial. We hypothesize that despite robust legal standards, implementation gaps and systemic delays undermine protection, necessitating further reforms. Methodologically, the study uses a combined doctrinal-empirical approach: detailed analysis of statutes (POCSO Act and related laws), case law, and guidelines; and empirical data from official reports, NGO case-studies (e.g. HAQ Centre’s report) and comparative sources. Key findings indicate that while POCSO provides for child-friendly procedures (e.g. recording evidence in camera, one-way screens, support persons) in practice many children still face courtroom intimidation, repeated testimony, and delays far exceeding statutory timelines. Comparative analysis reveals that other countries employ similar special measures – e.g. the UK’s Youth Justice and Criminal Evidence Act 1999 grants child witnesses automatic eligibility for screens, video-link testimony, intermediaries and exclusion of wigsbut also confront challenges. The paper concludes with recommendations: strengthen infrastructure (CCTV, one-way rooms), fully implement support persons, expand judicial training in child-sensitive questioning, and consider a comprehensive witness protection regime. These reforms, grounded in domestic and international norms (UNCRC Articles 12, 39), aim to ensure that India’s justice system better serves vulnerable child victims.1,097 views -
Reimagining Justice: A Critical Analysis of the Bharatiya Nyaya Sanhita, 2023 and its Departure from the Indian Penal Code
Student at Galgotias University, IndiaPages 2982 - 2990The Bharatiya Nyaya Sanhita [BNS], 2023, Represents a Significant Reformation of India’s Criminal Justice System as Initiated by the Government of the India. This Paper Critically Examines the BNS in Contrast to the Indian Penal Code [IPC], Highlighting its Philosophical Foundations, Departures from Existing Legal Frameworks, and its Implications for Social Justice. By Analysing the Proposed Changes, We Posit that While the BNS Aims to Create a More Just and Responsive Legal System, Certain Aspects May Undermine These Objectives. the Paper Provides An Overview of Key Components of BNS, Evaluates Them Through a Lens of Efficiency, Equity, and Human Rights and Concludes with Recommendations for Enhancing its Effectiveness. the Enactment of the Bharatiya Nyaya Sanhita 2023, Marks a Significant Milestone in India’s Legislative History, After More Than 160 Years the Paper Also Addresses the Criticisms and Challenges in the Implementation of the New Law.1,446 views -
Role of Niti Aayog in Center-State Relations
Phd Research Scholar at Rajiv Gandhi National University of Law, Punjab, IndiaPages 2991 - 3002This research paper explores the evolving role of NITI Aayog in strengthening Centre-State relations in India’s federal structure. It begins by identifying the research problem concerning the effectiveness of cooperative federalism post the replacement of the Planning Commission with NITI Aayog. The study formulates a hypothesis that NITI Aayog, through its consultative and policy-driven approach, has contributed positively to Centre-State collaboration. Using a qualitative research methodology, the paper analyses institutional mechanisms, policy initiatives, and cooperative platforms facilitated by NITI Aayog. The objectives include examining the structural evolution of NITI Aayog, understanding its functional roles, and evaluating its influence on recent Centre-State dynamics. The research addresses key questions about its efficacy as a policy think tank and its influence on sub-national policy alignment. The paper further discusses major initiatives launched by NITI Aayog and critically assesses their impact on cooperative federalism. Recent trends in intergovernmental relations are also analyzed to determine the policy body's role in addressing developmental asymmetries and fostering inclusive governance. The study concludes with insights into the strengths, challenges, and future potential of NITI Aayog in enhancing Centre-State synergy in India's policy ecosystem.1,190 views -
Ethics and Transparency in Third-Party Funding: Striking a Balance in International Arbitration
Student at Symbiosis Law School, Pune, IndiaPages 3003 - 3011Third-party funding (TPF) in international arbitration leads to ethical problems with integrity, particularly with respect to conflicts of interest, transparency, and procedural fairness. This article attempts to answer whether the advantages of TPF – including better access to justice – have been balanced against risks of bias, a tendency toward arbitrator bias, or undue influence by the funder. In a comparative analysis of the institutional rules (e.g., HKIAC, SIAC) and guidelines (e.g., I.B.A. Guidelines), the article argues that a mandatory disclosure of the identity of the funders without requiring full details of the agreement terms is enhanced ethical risk mitigation while respecting confidentiality. The article concludes with a call for the establishment of standard disclosure obligations in arbitral rules manifesting impartiality and enforceability, hence facilitating the sustainable development of the TPF in the area of international arbitration.630 views -
No Strings Attached?: Testing the Clean Slate Doctrine under India’s Insolvency Code – Judicial Analysis
Assistant Professor at Faculty of Law, National Law University, Jodhpur, IndiaPages 3012 - 3018The Insolvency and Bankruptcy Code, 2016 has market a paradigm shift in Indian Insolvency regime. Prior to the advent of IBC there used to exist different statutes such as SARFAESI Act 2002, RDDBFI Act 1993 etc. These laws used to exist but there were several loopholes because of which these laws were severely criticized. The main reasons for these criticisms were, time consuming, lack of proper remedy to the creditors since they used to be debtor centric. Therefore, this was the need of the hour to introduce a law which can work in a holistic manner. Clean Slate Theory postulates that once a resolution plan is approved, the successful resolution applicant acquires the corporate debtor free from past liabilities. This article explores the origin, legal foundation, judicial interpretation, and policy rationale of the clean slate theory. It also critiques the limits of this doctrine, particularly in light of recent Supreme Court judgments and regulatory clarifications. Also, this paper delves on the harmonisation of the rights of different stakeholders involved and how the courts have helped in balancing the interest of different stakeholders. The paper concludes with recommendations for balancing creditor interests with the Code’s revival-centric goals.1,058 views -
Regulating Roads and Transportation in Tanzania: Domestic Legislation, Regional Integration, and International Laws
Lecturer at Tumaini University Makumira, TanzaniaPages 3019 - 3043This paper examines the legal and policy framework governing road transport infrastructure and traffic regulation in Tanzania within international, regional, and domestic contexts. Tanzania’s shift from a low-income to a lower-middle-income country has been significantly shaped by advancements in transport infrastructure, especially the road network, which plays a dominant role in both passenger and freight movement. Effective transportation laws are crucial not only for economic development but also for safeguarding human rights and environmental sustainability. At the international level, United Nations conventions and Sustainable Development Goals underscore road safety as integral to human development, mandating member states to harmonize legal frameworks and enforcement mechanisms. Regionally, Tanzania’s commitment through bodies such as the EAC and SADC has facilitated initiatives like the Tripartite Transport and Transit Facilitation Program, which aims to harmonize vehicle standards, cross-border regulation, and data sharing. However, challenges remain in the domestication and enforcement of these regional commitments due to divergent legal systems and administrative capacities domestically, Tanzania’s regulatory framework is primarily governed by the Road Traffic Act of 1973 and the Roads Act of 2007, supplemented by policy instruments such as the Road Safety Policy (2009). Enforcement is spearheaded by the Tanzanian Police under the Police Force and Auxiliary Services Act (2002). While these laws grant broad discretionary powers to law enforcement in the name of “public interest,” this concept remains legally ambiguous and prone to abuse. The lack of definitional clarity and accountability mechanisms presents ongoing challenges to the just and effective enforcement of traffic laws.1,164 views -
Analyzing Agreement on Fisheries Subsidies
Student at National Academy of Legal Studies and Research (NALSAR), Hyderabad, IndiaPages 3044 - 3052The overfishing and unsustainable use of fishing resulted in the adoption of the World Trade Organisation's Agreement on Fisheries Subsidies at the 12th Ministerial Conference in 2022 in Geneva, Switzerland. This represents a landmark multilateral effort to curtail overfishing and also to promote sustainable fishing, as mentioned in the Sustainable Development Goals. This paper analyses the evolution, key provisions of this Agreement and also the implications of the Agreement, which mainly focuses on the provision of illegal subsidies by the government that contribute to illegal, unreported and unregulated (IUU) fishing and also fishing activities at high seas. The paper examines the negotiations leading to the Agreement, highlighting the influence of United Nations Sustainable Goal No.14, which mentions the sustainable use of Life Below Water. Key Provisions of this fisheries agreement include the prohibition of the subsidies by the government which deal with IUU fishing, overfished stocks and also with high seas fishing. The Agreement implementation is beneficial to improve the quality of the global fishing trade, sustainable fishing and also protects food security by restricting the unfair practice of fishing. The paper aims to examine the World Trade Organisation's Agreement on Fisheries Subsidies and identify the area of improvement in the three main sectors, which include trade, development, and the environment. This will enhance the long-term sustainability in fishing and also benefit the vulnerable affected fishermen of poor countries, where the subsidies are not provided.559 views -
Conflicting Human Rights: An Analysis of the Practice of Female Genital Mutilation in the Broader Context of Religion vs. Women’s Rights
Student at O.P. Jindal Global University, Sonipat, IndiaPages 3053 - 3062Women in almost all social set-ups continue to struggle for basic human rights to remain at par with their male counterparts. One of the most prevalent pushbacks that has existed from times immemorial, which they face even today happens to be from the constant conflict that arises between Freedom of Religion and Human Rights. This paper dives into one such ritualistic practice of Female Genital Mutilation/ Cutting (FGM/C), a gross violation of women’s bodily autonomy that prevails in various parts of the globe. Through discussions, we try to look at this practice from the scope of national interventions as well as in the larger international debate between Shariah law and the progression of women and what are sort of the right questions to ask in the background of the politicization of religion by states. Overall, we hope to achieve a better understanding of how the bigger issues help us to cater to localized eradication of FGM/C.670 views -
Pages 3063 - 3086One of the most important decisions a student will ever make is choosing a career. Before making this decision, they must consider a number of factors. The goal of this study is to determine the factors that affect the decision to pursue a profession in the field of business management. In order to perform this research, prior literature was thoroughly examined, leading to the identification of 15 factors and the finalization of a questionnaire. The findings of the study suggests that there are no significant differences between male and female students when it comes to selecting business management as a career. The fifteen factors were grouped together under four constructs: financial, social, personal, and other factors. According to correlation analysis, all four of the constructs have positive relationship with each other. Last but not least, this study introduces a fresh perspective on the variables influencing students' decision to seek post-graduation in management (MBA) and go on to become managers.626 views
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Agency-Wise and Region-Wise Analysis of Non-Performing Assets under SHG-Bank Linkage Model
Research Scholar at Hemchand Yadav Vishwavidyalaya / Kalyan Post Graduate College, Durg, Chhattisgarh, IndiaPages 3087 - 3096This study investigates the agency-wise and region-wise distribution of Non-Performing Assets (NPAs) under the Self-Help Group – Bank Linkage Programme (SHG-BLP) in India. Using annual data spanning seven years (2017–18 to 2023–24), the paper examines NPA levels across four banking categories: Public Sector Banks, Private Banks, Regional Rural Banks (RRBs), and Cooperative Banks. Statistical tools such as One-Way ANOVA and Tukey’s Honestly Significant Difference (HSD) test are employed to assess whether differences in mean NPA percentages are statistically significant. The analysis extends to regional differences across six geographical zones in India. The results reveal that Cooperative Banks report the highest SHG-linked NPAs, while Public Sector Banks consistently maintain the lowest. Regionally, the Northern and North Eastern regions show alarmingly high NPA levels, contrasting with the relatively disciplined Southern and Eastern regions. The findings highlight the need for targeted policy measures to address institutional inefficiencies and regional disparities in SHG-linked credit delivery.724 views -
Pages 3097 - 3111The Indian Constitution enshrines a robust framework of fundamental rights designed to safeguard individual liberty and dignity. However, the State retains significant powers such as preventive detention that can restrict personal freedom in the interest of national security, public order, or the maintenance of law. This study critically examines the tension between these competing interests by exploring two interconnected legal domains: preventive detention and compensation for wrongful arrests. While preventive detention laws such as the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA) are intended to pre-empt threats, their misuse has led to serious human rights concerns, including arbitrary arrests, prolonged detention without trial, and denial of legal remedies. The second focus of this study is the judicial response to wrongful arrests and the mechanisms, or lack thereof, for compensation. Although Indian jurisprudence recognizes the right to compensation under Article 21 for unlawful detention, the absence of a uniform statutory framework leaves many victims without adequate redress. This paper analyses landmark Supreme Court judgments and international legal standards to evaluate the effectiveness of existing safeguards. Through doctrinal analysis and case studies, this research argues that a disproportionate emphasis on state security without adequate accountability mechanisms undermines constitutional guarantees. It calls for the introduction of stronger judicial oversight, legislative reforms to limit the scope of preventive detention, and the establishment of a comprehensive compensation framework for victims of wrongful arrest and detention. The study aims to contribute to the ongoing discourse on harmonizing individual rights with the legitimate needs of state power in a constitutional democracy.769 views
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Pages 3112 - 3118The traditional system of criminal justice system mainly relies on conviction and punishment to deal with crime. But this method has been criticised often for not promoting justice, rehabilitation or community healing. It often leaves the victim out of the process. Recently, restorative justice has become a promising alternative. It focuses on fixing harm, encouraging accountability and bringing victims, offenders and communities together. These elements are often missing in the current system. This research looks at how restorative justice can be included in today's criminal justice system and its potential to change how we handle crime and punishment.580 views
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Advancing Income Tax Return E-Filing: A Study on Effective Modifications and System Improvements
Student at Institute of Law Nirma University, IndiaPages 3119 - 3133In this rapidly evolving technological era, e-filing has emerged as a transformative method to file income tax returns, which has facilitated significant advantages pertaining to time and cost saving, convenience, and reduced stress on the part of the taxpayers. Despite these, there remains a considerable gap in fulfilling the objectives, including but not limited to, devising a transparent mechanism towards the submissions of e-filings, the lack of awareness and understanding of the procedures concerning e-filing among individual taxpayers. This research article explores the evolution of filing to e-filing with the current state of e- filing systems and proposes modifications to enhance their efficiency and user-friendliness. Additionally, it provides valuable insights for policymakers, tax authorities, to foster an inclusive and efficient e-filing environment that aligns with the advancements in technology while meeting the needs of both the tax payers and collectors. A notable focus will be on the upcoming launch of the “New ITR e-filing portal 3.0”. The proposed Project IEC 3.0, which aims to deliver a more user-friendly and faster e-filing experience, will be further discussed in the paper, exploring its anticipated impact on improving the current system.660 views -
Pages 3134 - 3140Domestic violence can happen against men. This subject is still untouched by the society and the legislature but the situation on ground is very different. The Domestic Violence Act of 2005 provided protection to women as it was required by the times. But now after 18 years the condition of society is changing and men are also becoming victims of domestic violence. The aim of this research is to review three years of NCRB reports which indicates the suicides of men which were caused due to strain in domestic relations. Methodology: This research is a descriptive research that reviews the NCRB suicide data. The NCRB database of reports from 2019 to 2022 was searched to collect the data. Result: After studying the report of NCRB we get the ratio of both men and women which shows that men also commit suicide due to domestic strain. Conclusion: The definition of domestic violence against men is not defined anywhere. There is a need to research and study when domestic strain becomes domestic violence.661 views
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The Intersection of Environmental Sustainability and Sports: From Pollution to Planet Protection and Preservation
Assistant Professor in Law at The Central Law College, Salem, IndiaPages 3141 - 3155The global sports industry, valued at approximately $600 billion, presents a paradoxical connection with environmental sustainability. While sports generate significant environmental challenges through carbon emissions, resource consumption, and waste production, they simultaneously offer unprecedented platforms for environmental awareness and conservation initiatives. This research article examines the dual nature of sports' environmental impact, analysing both its contribution to pollution and its potential as a catalyst for environmental conservation. Through innovative examples like the Indian Premier League's dot ball tree plantation initiative, this study demonstrates how sports can transform from environmental burden to environmental benefit. With huge sports market, challenge now lies in scaling successful initiatives, developing new innovative approaches, and ensuring that the sports industry fulfils its potential as a leader in environmental conservation. With appropriate commitment and creativity, sports can become a significant force for environmental protection while maintaining their cultural significance and entertainment value. The transformation of sports from environmental burden to environmental benefit represents not just an opportunity, but an imperative for sustainable future development. Greening the sports industry are not merely aspirational; they represent tangible avenues for legal reform and proactive regulatory intervention. Let's reframe them with a sharper legal lens.676 views -
Tort Reform: A Critical Analysis of its Implications on Access to Justice
Student at IILM University, Gurugram, IndiaPages 3156 - 3161Tort law stands as a cornerstone of civil jurisprudence, significant for administering justice to individuals who have endured injury due to the negligent actions of others. It operates on the fundamental principle encapsulated by the maxim, ‘Ubi Jus Ibi Remedium ’, signifying that where there exists a right, there must be a corresponding remedy. Each individual possesses inherent rights, accompanied by the responsibility to uphold the rights of others and refrain from their violation. This obligation termed the duty of care, forms the bedrock of tort law, with breaches thereof constituting tortious acts. This paper delves into the intricacies of tort law, outlining its various types and tracing their evolution through landmark cases such as Donoghue v. Stevenson and Rylands v. Fletcher. Despite significant strides, the system remains plagued by inefficiencies, prompting a call for reform initiatives. Thus, the paper advances practical suggestions aimed at refining the tort law framework, fostering a more equitable and efficient legal landscape.672 views -
A Constitutional Appraisal of the Legal Framework on Custodial Violence in India
Independent Legal ResearcherPages 3162 - 3169With the advent of the new Criminal laws, India’s criminal justice system has seen an overhaul, especially with provisions mandating electronic methods to maintain records of criminal procedure. This seems like a new step taken towards transparency, but the absence of a comprehensive, well-drafted law on custodial violence poses important questions that are equally applicable to the new provisions, especially the ones on statutory bail and remand. There have been sporadic developments in finding an alternative legislation that would include all the necessary elements to combat custodial violence, but such endeavours have fallen flat for the longest time. Despite concerns, the general criminal legal framework, largely supplemented with constitutional remedies, remains the only recourse for custodial violence. This paper intends to analyse the legal developments mitigating custodial violence comprehensively, and in that regard, it brings in the Indian Constitution to trace public law remedies too. It firstly analyses the meaning of torture in international covenants due to the lack of any domestic definitions of it, and then goes on to trace the criminal legal provisions aimed at ensuring the accused’s protection in the second section. In this section, the paper also analyses the attempts at developing special laws addressing custodial violence by looking at 3 bills introduced before the Parliament in 2006, 2022, and 2023, respectively, and dissects their provisions to identify their issues. In the third and fourth parts, the paper discusses the development of the remedial jurisprudence on custodial torture and rape through cases that blend the Indian Constitution and establish it as the immutable protector of custodial rights and criminal justice in India.661 views -
Indian Oil Corporation Limited v. V. B. R. Menon and Others, 2023 SCC OnLine SC 257: Case Commentary
Student at Symbiosis Law School, Noida, IndiaPages 3170 - 3177In the case of Indian Oil Corporation Limited v. V.B.R. Menon & others, 2023, the Supreme Court of India analyzed the scope, authority and power of the National green tribunals. In present case an appeal was directed to challenge the order of the NGT which directed petroleum retail outlets to obtain Consent to Establish (CTE) and Consent to Operate (CTO) from pollution control authorities. The NGT's intention was to ensure compliance with the vapour recovery system, but the Supreme Court found that imposing CTE/CTO on petroleum retail outlets was beyond the ambit of the NGT. It was further held that according to CPCB's own guidelines, petroleum outlets are treated on par with "green category" industries and are thus exempt from obtaining such consents. The Court upheld installation of VRS but struck down NGT directions on CTE/CTO thereby reaffirming the primary role of CPCB as far as the regulation is concerned. Thus, the judgment seeks an appropriate balance between environmental caution and procedural safeguards, which also speaks about reinforcing the supremacy of statutory mechanisms. The judgment further clarifies the extent to which the NGT can exercise its powers under the Environment (Protection) Act, 1986 and the NGT Act, 2010.813 views -
A Community in Crisis: The Systematic Genocide of the Yazidis by ISIS and the Global Response
Student at Chanakya National Law University, Patna, IndiaPages 3178 - 3185The Yazidi genocide carried out by ISIS in 2014 stands as one of the most severe humanitarian crises we've faced in the 21st century. This paper delves into the brutal campaign of extermination, sexual slavery, forced conversion, and cultural destruction aimed at the Yazidi community, an ethno-religious minority mainly found in northern Iraq and Syria. Through a much misunderstood religion, Yazidis were branded as "devil worshippers" and became targets of wholesale massacres, abduction, and atrocities. While men and boys were massacred on a mass scale, women and girls were reduced to sexual slavery, and boys were indoctrinated and trained for warfares. The attack was directed with genocidal intent, as described in Article II of the 1948 Genocide Convention. This paper furthermore exposes an insufficient, often sensationalized global media and humanitarian response, largely focusing on sexual violence to the detriment of broader community suffering. By affording attention from the UN and the International Bar Association, the paper also stresses the importance of victim-centered justice, due process, and institutional reform. It also highlights the continued insecurity of the Yazidi diaspora in Europe due to the repatriation of ISIS fighters and ongoing discrimination, adding to their trauma. The study thus ends with a call to a Proposition of a full-scale transitional justice system based on truth, reparations, and rehabilitation, inviting the international community to meet its moral and legal obligations to ensure that "never again" is not just an empty phrase but a promise secured in prevention of persecuted communities going forward.782 views -
Empowering through Threads: Jaipur Rugs’ CSR Dilemma in Crafting Social Equity
Student at JK Lakshmipat University, Jaipur, Rajasthan, IndiaPages 3186 - 3194In the heart of Rajasthan, Jaipur Rugs stands as a beacon of craftsmanship and heritage, weaving not just carpets but also a commitment to social change. When a passionate CSR executive sets out to showcase the true impact of the company’s initiatives, she must navigate a landscape where corporate responsibility is often seen as mere branding. Armed with the IPIE2T framework (The IPIE2T framework—Integrating Instrumental, Political, Integrative, Ethical & Emotional, and Temporal rationales—provides a comprehensive lens to assess the authenticity and impact of CSR initiatives.), she delves deep into Jaipur Rugs' efforts—from skill development programs empowering rural artisans to community welfare initiatives that extend beyond business interests. As she engages with stakeholders, the media, and policymakers, she strives to demonstrate that CSR at Jaipur Rugs is not just about compliance or reputation, but about creating lasting change. With growing expectations for businesses to integrate profit with purpose, she must demonstrate that ethical entrepreneurship can truly uplift communities.552 views -
Legally Insane: Rethinking India’s Insanity Defence through U.S. Experience
Student at National Law School of India University (NLSIU), Bengaluru, IndiaPages 3195 - 3209This paper explores the insanity defense in criminal law, focusing on India and the United States. In India, the defense under Section 84 of the Indian Penal Code (IPC) and now the Section 22 of the Bharatiya Nyay Sanhita (BNS) follows the M’Naghten Rule, which is limited to cognitive incapacity and fails to address the complexities of mental illness. In contrast, the United States incorporates both cognitive and volitional elements of mental disorders through the Model Penal Code, offering a more nuanced approach. The paper argues that India’s reliance on the outdated M’Naghten Rule should be reformed to align with contemporary psychiatric insights. A hypothetical case of Atul, diagnosed with paranoid schizophrenia, illustrates the shortcomings of the current framework.941 views -
Social Consequences of Drug Abuse
Assistant Director at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, Andhra Pradesh, IndiaPages 3210 - 3226India is facing a growing problem with drug addiction, especially among young people. Families suffer because addiction causes emotional and financial stress. Many students drop out of school, and people struggle to find jobs. Drug dealers use sneaky tricks like selling chocolates with drugs inside and making secret online deals to spread addiction. This crisis hurts the economy because addicted people cannot work properly, crime rates go up, and hospitals become overwhelmed. Many people also develop serious mental health issues like depression and memory problems. More women are getting involved in drug trafficking, making the situation even worse. To solve this, stronger laws, better rehab centers, and more awareness programs are needed.995 views -
Automatic Weapon System and Unmanned Drones
Phd Research Scholar at Rajiv Gandhi National University of Law, Punjab, IndiaPages 3227 - 3241This research paper explores the evolving landscape of automatic weapon systems and unmanned drones, with a particular focus on their legal, ethical, and societal implications. Beginning with the formulation of the research problem, hypothesis, methodology, and objectives, the study sets a foundation for analyzing how autonomous technologies are reshaping modern warfare and surveillance. A critical review of existing literature provides context for the technological advancements and global discourse surrounding these systems. The paper then delves into drone laws in India, highlighting the regulatory framework and challenges unique to the Indian context. Furthermore, it examines the risks, benefits, and ethical considerations posed by these technologies to society, emphasizing issues such as civilian safety, accountability, and privacy. Special attention is given to autonomous weapons and the ethics of artificial intelligence, assessing the moral boundaries and responsibilities involved in delegating life-and-death decisions to machines. The study concludes by synthesizing findings to offer insights and recommendations for future research and policy development in this critical field of defense and technology.597 views -
The Jurisprudence of Digital Identity: Reconciling Privacy with the Threat of Identity Theft through Deepfake
Research Scholar at Department of Laws, Guru Nanak Dev University, Amritsar, IndiaPages 3242 - 3252It is often said that ‘a picture conveys a thousand words.’ But Deepfakes raise questions of personal reputation and control over one’s image on the one hand and freedom of expression on the other. This will have a significant impact on user’s privacy and security. The Deepfake technology poses novel ethical dilemmas and challenges that demand urgent solutions. Violations of privacy are a foremost concern. Using someone’s likeness without consent to create fake intimate imagery or videos infringes on their right to privacy under Article 21 of the Indian Constitution. Deepfakes often non-consensually expose people’s private lives by depicting them in compromising situations, thus infringing Article 21 of a person. Identity theft enabled by hyper-realistic deepfakes can allow fraudsters to impersonate unsuspecting individuals. Voice cloning to mimic financial executives has already been used for cybercrime. Such breaches of privacy must be addressed to protect citizens. The viral spread of deepfakes on social media can ruin reputations and lives within minutes. Even if proven false later, the stigma and trauma remain. This article discusses the role played by Judiciary in defining the scope of identity theft and outlining measures to protect victims' rights through landmark judgments and legal precedents. It also emphasis the concerted efforts by stakeholders, including government agencies, law enforcement authorities, and service providers, essential to combat this growing menace effectively and safeguard individuals' right to identity.515 views -
Algorithmic Rulemaking: Delegated Legislation in the Age of AI and the Implications for Transparency, Accountability, and Judicial Review
Phd Candidate at University of Law, Vietnam National University, VietnamPages 3253 - 3279The integration of artificial intelligence (AI) technologies into administrative rulemaking processes presents unprecedented challenges for traditional administrative law doctrines. This research examines how algorithmic systems employed in delegated legislation affect core principles of transparency, accountability, and judicial review. Through doctrinal analysis and comparative examination of emerging regulatory frameworks, this study demonstrates that existing administrative law mechanisms are inadequately equipped to address the unique challenges posed by AI-driven rulemaking. The research reveals that algorithmic rulemaking creates a fundamental tension between efficiency gains and democratic accountability, particularly in areas of procedural transparency and judicial oversight. The findings suggest that adaptive legal frameworks must evolve to maintain the legitimacy of delegated legislation while accommodating technological innovation. This paper proposes enhanced procedural safeguards, modified transparency requirements, and new standards for judicial review specifically tailored to algorithmic governance contexts.3,261 views -
Dolo Turn Gold: Evergreening Effect of Pharmaceuticals
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 3280 - 3295Creation of mind in today’s world creates a global impact in various industries. Especially in space of pharmaceuticals whereby few minor modifications to the existing drugs helps the company to acquire patent rights without any legal difficulty. According to WTO Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. In India The Patents Act, 1970 provide security against evergreening effect but there is always an exception in law based on which we observed evergreening of drugs in recent case of DOLO. Whether the process behind the making of such drug can be patented? again a question arises. This research paper will analyze the effect of Patent, evergreening effect; considering DOLO as Case Study along with analyzing the evolution of history of IPR in India w.r.t the pharmaceutical industry in India. This research paper will try to analyze the current loopholes and ambiguities in law and to overcome the same. This research paper also emphasizes on the aspect that how can exploitation can be curbed with certain potential and sustainable solutions.586 views -
Linguistic Politics along the Lines of Nationalism
Student at Symbiosis Law School Hyderabad, IndiaPages 3296 - 3306In a nation where thousands of languages echo across communities, the politics of language is more than just a cultural concern; this paper explores the intersection between language and nationalism in a country like India; there is a lot of diversity when it comes to languages, and the linguistic dynamics are vast. This linguistic diversity is oftentimes closely knit with political identity and regional proclamations and assertions. While also emphasizing the historical evolution of language politics, language has served a role as both a tool of resistance and a weapon of exclusion. There are a lot of intricacies in this day and age about language and politics. The paper is divided into the intricacies ranging from modern-day aspects to the future prospects of these dynamics. The hypothesis draws the lines that connect the nation's multilingual character, intensifying the political barriers along nationalist lines. The study reviews academic literature, constitutional provisions and real-world movements like - The Anti-Hindi agitation and regional language mobilizations. While the Constitution attempts to preserve linguistic pluralism through legal safeguards and frameworks such as the Three- Language Formula, the reality reflects a complex struggle between integration and marginalization. To conclude, the paper highlights that without deliberate and conscious efforts to inculcate linguistic equity and regional inclusion language will be a prolonged issue and a hurdle in Indias growth and evolving democracy. By analysing past contexts and current and evolving trends, the study emphasizes the immediate pressing need for policies that focus on promoting national unity.646 views -
Digital Ontology and Digital Humanities: Facilitating the Decolonization of Education and Research
Assistant Professor at Department of History and Civilization, Gautam Buddha University, IndiaPages 3307 - 3320The global landscape of education and research is increasingly recognizing the enduring impacts of colonialism on knowledge systems and pedagogical practices. This has spurred a significant movement towards decolonization, aiming to dismantle historical power imbalances and promote inclusivity across all aspects of learning and knowledge creation. Simultaneously, the rise of digital technologies has introduced new methodologies for organizing, analysing, and disseminating information. Among these, digital ontology and digital humanities stand out as potentially transformative tools in the pursuit of a more equitable and representative academic sphere. This paper investigates the definition of digital ontology and its capacity to contribute to the decolonization of the education system, reading practices, and research methodologies. Furthermore, it examines the role of digital humanities in advancing this critical agenda. The analysis draws upon a range of reliable sources to explore the intricate relationship between these concepts and their implications for facilitating a decolonized academic environment.363 views -
Mothers at Work: Analysing Labour Law Protections for Working Mothers in India
Assistant Professor at IFIM Law School, Bengaluru, IndiaPages 3321 - 3330The traditional Indian society observed a normative gender role, where men were wage earners and women were workers at home. However, with the advent of modernisation and industrialisation, the need for a more gender-egalitarian economic arrangement was felt. This resulted in the dual-breadwinner model, where women, like men, stepped outside their domestic realm for paid work. Although participation of women in the workforce initially remained significantly low, Census 2011 records the ratio of female workers to be 25.51%. Among these women are also mothers, who carry the double burden of caregiving duties to their children and responsibilities towards the paid employment. This peculiar twofold challenge faced by working mothers call for exclusive protective measures in the social welfare legislations safeguarding labour rights. The Indian Constitution under Article 42 protects mothers in workspaces by directing the State to “make provision for securing just and humane conditions of work and for maternity relief.” The aforesaid Directive Principle is manifested in ‘the Maternity Benefit Act, 1961’, which is a ground-breaking legislation entirely for maternity relief. While ‘the Employees' State Insurance Act, 1948’, too provides for maternity benefits, the Parliament through noteworthy labour legislations like ‘the Factories Act, 1948’, ‘the Plantations Labour Act, 1951’, ‘the Beedi and Cigar Workers (Conditions of Employment) Act, 1966’, and other kindred legislations, additionally organise for child care facilities for working mothers. International instruments like ‘Maternity Protection Convention, 2000 (No. 183)’ of the International Labour Organisation contribute considerably to the welfare of working mothers. This paper aims to complimentarily and critically analyse the current laws and the forthcoming Labour Codes basing on ground reality.785 views -
International Perspective on Gender Justice in Family Dispute Resolution: A Comparative Analysis and Lessons for India
BBA LL.B. (Hons.) Graduate (Batch of 2025) from Vivekananda Institute of Professional Studies (VIPS), Guru Gobind Singh Indraprastha University (GGSIPU), New Delhi, IndiaPages 3331 - 3343This research examines the integration of gender justice principles into family dispute resolution mechanisms through a comparative analysis of international practices and their implications for India. The study's primary objective is to assess how alternative dispute resolution (ADR) processes, particularly mediation and conciliation, can be enhanced to ensure gender equality and women's access to justice in family disputes. The analysis compares approaches from developed jurisdictions including the United States, Australia, United Kingdom, and Canada with developing nations such as Bangladesh, Pakistan, and Sri Lanka. Key findings reveal that successful gender-sensitive ADR systems incorporate comprehensive domestic violence screening protocols, specialized training for mediators, integrated support services, and robust monitoring mechanisms. Developed jurisdictions demonstrate sophisticated safeguards, including mandatory accreditation requirements and evidence-based practice guidelines, while developing nations face challenges in balancing traditional dispute resolution methods with gender justice imperatives. The study identifies significant implementation gaps in India's current framework, despite constitutional guarantees and legislative enactments supporting gender equality. The research recommends that India adopt comprehensive legislation specifically addressing gender justice in family ADR, establish specialized institutions with trained personnel, implement mandatory certification programs for family mediators, and develop systematic awareness campaigns. These reforms would strengthen India's family dispute resolution mechanisms while ensuring compliance with international gender justice standards.938 views -
Pages 3344 - 3361This research undertakes a critical doctrinal and theoretical examination of the confluence between juvenile justice, mental health jurisprudence, and international human rights law, with particular reference to the provision and adequacy of psychological support systems within Observation Homes, as governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). Despite India’s pronounced normative commitments to rehabilitation and the protection of child rights, the implementation landscape reveals a conspicuous neglect of mental health services for Children in Conflict with Law (CICL). This frequently culminates in re-traumatization, systemic marginalization, and violations of fundamental human rights during custodial care. Anchored in India’s constitutional mandate under Article 21, which guarantees the right to life with dignity, this research engages in a rigorous textual and normative analysis of domestic statutory instruments, subsidiary legislation including the Juvenile Justice Model Rules, and relevant jurisprudence. It simultaneously interrogates India’s obligations under key international legal frameworks, notably the United Nations Convention on the Rights of the Child (UNCRC) and the Convention on the Rights of Persons with Disabilities (CRPD). Employing a suite of critical theoretical paradigms, such as the Best Interests of the Child principle, the Human Rights-Based Approach (HRBA), the Restorative Justice framework, and the Social Model of Disability, the study evaluates the extent to which the current legal architecture safeguards the psychosocial integrity and mental well-being of CICLs within institutional settings. The research seeks to identify and elucidate normative lacunae, statutory ambiguities, and jurisprudential deficits concerning the mental health entitlements of juvenile offenders. In doing so, it advances a robust argument for trauma-informed, child-centric statutory interpretation and structural reform, consonant with evolving international human rights standards. By foregrounding mental health as an integral component of rehabilitative justice, this research aspires to contribute substantively to the jurisprudence of child rights. It aims to catalyse a paradigm shift toward a more humane, responsive, and legally coherent juvenile justice system in India.567 views
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Gender-Based Atrocities under Taliban Rule in Afghanistan: Crime Against Women or Cultural Practice?
Pages 3362 - 3385This paper investigates whether the gender-based atrocities committed under Taliban rule in Afghanistan constitute cultural practices or crimes against humanity. Using a multidisciplinary approach—drawing from international human rights law, feminist theory, and ethnographic testimony—the paper evaluates Taliban policies such as education bans, mobility restrictions, forced confinement, and punitive violence against women. These practices are analyzed through the lens of gender-based persecution under Article 7 of the Rome Statute and the emerging legal category of gender apartheid. The paper argues that these acts, far from being legitimate cultural expressions, represent a systemic apparatus of gender oppression that meets the legal threshold for crimes against humanity. It challenges the cultural relativism often invoked to justify such policies and highlights the internal plurality within Afghan society, where many women and religious scholars reject the Taliban’s interpretation of Islamic and cultural norms. By centering the testimonies and resistance strategies of Afghan women—including underground education, digital activism, and transnational advocacy—the study emphasizes their role as active agents of change. It concludes by calling for the formal recognition of gender apartheid in international law, stronger ICC engagement, and policies that amplify Afghan women's voices in shaping global human rights frameworks. This research contributes to expanding legal accountability, ethical scholarship, and global feminist solidarity in confronting institutionalized gender-based violence under authoritarian regimes.768 views -
Pages 3386 - 3396In an era where digital healthcare systems process the personal health information of billions globally, the fundamental human right to privacy stands as the last guardian between human dignity and digital exploitation. The intersection of data privacy and human rights in healthcare represents a critical challenge where violations constitute fundamental breaches of human dignity, autonomy, and access to care. This research examines autonomous healthcare data privacy through the lens of human rights, analysing how violations of healthcare data privacy constitute fundamental breaches of human rights principles, including dignity, autonomy, non-discrimination, and access to healthcare. The study aims to provide a comprehensive framework for understanding autonomous healthcare data protection as a cornerstone of human rights protection in the digital age. A systematic literature review and doctrinal methodology were employed. The study identified that the right to privacy, enshrined in international human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, provides the foundation for protecting individuals from arbitrary interference with their most sensitive personal information. Digital and autonomous healthcare system data privacy signifies a fundamental human right essential for protecting human dignity, requiring recognition that data protection is not merely technical but a cornerstone of human rights protection. The integration of autonomous intelligence has introduced new dimensions of human rights challenges that require updated approaches addressing unique risks posed by machine learning systems. In our interconnected world, a violation of privacy anywhere becomes a threat to human dignity everywhere. Future healthcare privacy protection depends on a collective commitment to comprehensive legal frameworks, advanced technological solutions, and strong international cooperation that prioritises human dignity while enabling beneficial uses of health data for improving global health outcomes.582 views
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The Relation between Game Theory and Mergers and Acquisitions
Student at Student at New Law College, Pune, IndiaPages 3397 - 3405This paper analyses how game theory can be used to understand mergers and acquisitions (M&A). It focuses on how the strategic interactions between companies influence the outcomes of these deals. Game theory, which studies rational decision-making and strategic behaviour, provides a useful tool for analysing the complex negotiations and competition involved in M&A. This paper explores key concepts like Nash equilibrium and cooperative and non-cooperative games and how they apply to M&A. It uses case studies, such as the Kraft-Heinz merger, to show how game theory can predict negotiation outcomes, improve bidding strategies, and make M&A processes more efficient. The paper also discusses recent developments in algorithmic game theory and how they can be used for automated decision-making in corporate finance. By combining theory and practice, this research highlights the importance of game theory in understanding and improving the strategic manoeuvres involved in M&A.1,118 views -
Implications of Involuntary Insolvency on Non-Profit Companies in India
Advocate at High Court of Madhya PradeshPages 3406 - 3418This research paper investigates the implications of involuntary insolvency proceedings faced by non-profit companies due to creditor actions. A comparative analysis with the American model is conducted to gain insights, identify challenges, and propose policy recommendations. The study aims to enhance understanding of the unique challenges faced by nonprofits in managing financial distress and navigating insolvency processes.672 views -
Designing Trauma-Informed Criminal Justice Administration based on Neurocriminological Findings
Student at City Law College (Affiliated From University of Lucknow)Pages 3419 - 3435The contemporary criminal justice system frequently grapples with identifying and treating the deep trauma-induced effects on the people it interacts with—victims, criminals, even justice-seated pros. This mistake has prolonged systematic inefficiencies, increased relapse rate, and worsened damage as opposed to encouraging recovery. From this point of view, there is an increasing advocate for a change in paradigm toward trauma-informed justice administration that links scientific theories of injury and societal evolution. comprehension using practical improvements. Based on knowledge about neurocriminology, this paper examines how stress, particularly in the form of negative early life events (ACEs), may alter the way stress remodels the amygdala and prefrontal cortex. Often, these neurobiological changes increase the risk of criminal activity, affecting behavior patterns, emotional control, and decision-making capacity. Research combining these conclusions suggests a new strategy that combines sensitivity to trauma with policies and processes for criminal justice. This study highlights practical changes, including specialized training courses for justice professionals, using trauma-aware interrogation methods, and bringing rehabilitative offender structures. The following measures act in combination: the proposed model aims to reduce secondary victimization, enhance victim support systems, and understanding the obstacles imposed by institutional and resource limits helps one to reduce relapse. resistance, the research provides practical means of negotiating these obstacles. Ultimately, this research imagines a legal system in which mercy and fairness are equally important, thereby underlining the significance of including mental health and trauma in balancing the nature of a balanced nature and practical means of punishment.422 views -
Gang Rape: The Conundrum of Judicial Interpretation & Gender-Neutrality
Student at National Law School of India University (NLSIU), Bangalore, IndiaPages 3436 - 3444The Criminal Law (Amendment) Act, of 2013 brought significant changes in Indian laws regarding sexual offences in the aftermath of the tragic 2012 Delhi gang rape case that has led to widespread implications in the Indian Judicial System. Even, the Bharatiya Nyaya Sanhita, of 2023 have brought substantial change in the provisions of sexual offences. Amongst them, the provision of gang rape has undergone significant changes. This research paper seeks to provide a comprehensive analysis of the concept of gang rape in India with a particular focus on the issue of “common intention” required for joint liability in the offence of gang rape. This paper argues that the Criminal (Amendment) Act, of 2013 has created a substantial interpretative issue by changing the definition of offence in the provisions of law. It further delves through various case laws and critiques the changes brought forth by the amendment. This paper will further seek to elaborate on why women should also be held liable as perpetrators for the offence of gang rape if she aids in the commission of rape and at the end, will further try to establish why a properly substantiated definition, removing all the fallacies that subsist because of the changes brought forth by the amendments is the need of the hour.760 views -
Standard of Care and Legal Remedies: A Judicial Analysis of Medical Malpractice in India
LLM Student at National University of Advanced Legal Studies, Kochi, Kerala, IndiaPages 3445 - 3462The evolution of medico-legal jurisprudence in India reflects a dynamic interplay between judicial interpretation and legislative silence. Rooted in the common law tradition, Indian courts—particularly the Supreme Court and the National Consumer Disputes Redressal Commission (NCDRC)—have played a pivotal role in establishing legal standards on medical negligence and patient rights. In the absence of specific statutory provisions, the judiciary has extended constitutional mandates, such as Article 142, to deliver complete justice in sensitive medical disputes. Landmark rulings such as Indian Medical Association v. V.P. Shantha and Kunal Saha v. Dr. Sukumar Mukherjee have redefined the legal status of medical services under the Consumer Protection Act and imposed a duty of care on healthcare professionals. These cases underscore the courts’ willingness to recognize both civil and criminal liability in cases of gross negligence. Judicial doctrines like res ipsa loquitur and negligence per se have been invoked to strengthen patient claims. Despite these advances, the medico-legal framework in India suffers from inconsistencies, particularly in determining compensation and the absence of a clear regulatory mechanism for judicial reliance on expert medical opinion. The lack of uniform standards has led to widely fluctuating awards in damages, raising concerns of judicial arbitrariness. This study highlights the judiciary’s dual role as a protector of patient rights and a cautious guardian of the medical profession. It calls for structured reforms, including independent medico-legal tribunals, clearer definitions of the doctor-patient relationship, and standardized compensation guidelines. A balanced and systematic approach is essential to ensure justice for patients while maintaining the integrity and accountability of medical practitioners in India’s evolving healthcare landscape.871 views -
Alternative Dispute Resolution: Weighing the Scales of Justice
Additional Director & Dean Academics at Indore Institute of Law, Indore, Madhya Pradesh, IndiaPages 3463 - 3472The framework of Alternative Dispute Resolution, generally referred to as ADR, encompasses various inherent processes. The traditional functions of mediation, arbitration, and negotiation significantly delineate the framework of Alternative Dispute Resolution (ADR). Alternative Dispute Resolution (ADR) has emerged as an effective and sustainable alternative to traditional court litigation for resolving disputes. The pursuit of accessible and prompt justice is a global aspiration. In contemporary times, the first resolution of an argument not only preserves the time and resources of the involved parties but also facilitates the execution of agreements and dough of the disputing parties, but also maintains the circumstances for the pact's implementation and the ease of commerce with responsibility. The traditional method of resolving disputes, like lawsuits, is a drawn-out process that burdens the judiciary and causes needless disruptions to the right to justice. ADR procedures including conciliation, mediation, and arbitration are applicable in these situations. And it provides better and more timely clarification to settle a dispute. ADR frameworks are less confrontational, resulting in a more positive outcome compared to traditional methods of conflict resolution. This research paper judgment studies the pros and cons of ADR, since its practical, legal, ethical, and practical effects. It proposes to prepare an educational nevertheless comprehensible examination of how ADR is reformatting the dispute resolve proposition worldwide.640 views -
Comprehensive Exploration of the Legal Aspects surrounding Gift-Giving by Foreigners in India
Assistant Professor at Department of Laws, Guru Nanak Dev University, Amritsar, IndiaPages 3473 - 3493Gratuitous transfers had played a significant role in the Indian societies since time immemorial. Varied legal systems of the world recognize the concept of gift as a mode of transfer. In all the legal systems of the world, gift is considered as a gratuitous transaction which does not require any legally enforceable obligations. Gift is not be confused with Barter system which prevailed in earlier societies, as it involved the exchange of goods and services in lieu with other goods and services, mainly at the time of monetary crisis. Under all these systems four basic elements are required for the valid disposition of gift, which are gratuitousness, subjective elements, inter vivos transfer and the gift object. Foreign gifts are generally seen as prestigious or valuable, reflecting the global connections of the recipient. Foreign gifts particularly in the form of cash or high value goods can impact local economies. They may lead to increased spending in certain sectors, such as luxury goods or real estate. Ensuring compliance with tax regulations is essential for proper functioning of the economy. Gifts can potentially contribute to the black money problem in India through misuse and regulatory loopholes. This paper is a humble attempt to analyze the legal, cultural and economic aspects of gift giving by foreigners in India; to understand the implications of foreign gifts on taxation and compliance; to access the social perceptions and practices surrounding foreign gifts in Indian society and to explore the regulatory framework governing gifts and its effectiveness.650 views -
Pages 3494 - 3512The evolving interface between human rights and intellectual property rights (IPRs) poses significant challenges, particularly in the field of healthcare. While human rights, including the right to health, have been recognized around the world most notably through instruments such as the “International Covenant on Economic, Social, and Cultural Rights (ICESCR)” and General Comment No.14 the TRIPS Agreement's growing emphasis on patent protection has raised concerns about equitable access to essential medicines. The high cost of patented drugs frequently prevents people in developing countries from receiving life-saving treatment, exacerbating global health disparities. This study investigates the complex relationship between India's patent regime and the Right to Health, with a focus on the legal, economic, and ethical aspects of pharmaceutical patenting. It critically examines Section 3(d) of the Indian Patent Act, 1970, which seeks to strike a balance between pharmaceutical companies' innovation incentives and the availability of low-cost medicines for the poor. The paper examines the impact of India's adherence to TRIPS, the Doha Declaration, and global IPR frameworks, emphasizing India's proactive role in promoting public health equity. Using case studies and insights from the COVID-19 pandemic, the paper promotes a rights-based approach that incorporates IPR awareness, patent law reforms, and international cooperation. It concludes that sustainable development necessitates balancing economic interests with human rights obligations, and that patent protections do not jeopardize the universal Right to Health.756 views
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Artificial Intelligence in Terms of Business Operations: A Comparative Study of the United States of America, India, and China
LL.M. student at Symbiosis Law School, Nagpur, IndiaPages 3513 - 3533Artificial intelligence significantly transforms businesses globally, enabling companies to improve their efficiency, enhance customer experience, and focus more on innovation. The data collected for various business operations needs to be protected as enshrined under Article 21 Which was reiterated in a landmark judgment Which expresses information about information security. Artificial Intelligence refers to the use of computers & computer systems that can perform tasks that require human intelligence as learning, problem-solving solving and in terms of decision-making. It’s better used in improving performance with the varied use of applications in different fields as healthcare, finance, transportation, etc. The countries as to India and China has made a significant development in terms of adoption of Artificial Intelligence in the business market wherein, China is regarded as the most advanced country in terms of use of artificial intelligence supported by government initiatives & Indian companies face a lot of challenges as to data protection, regulatory uncertainties etc. When looking at to US, it’s the global leader in adopting AI, as many companies invest heavily in terms of research and development. This paper provides an insight into navigating the complexities faced in the adoption of artificial intelligence in India, China, and the US by highlighting the need for strategies, investments in AI talent, infrastructure, and in bringing up efforts to drive towards AI adoption and innovation.416 views -
Pages 3534 - 3550The addition of the crime of aggression to the Rome Statute of the International Criminal Court (ICC), which creates a framework for holding individuals accountable for using military force unlawfully to jeopardize international peace and security, is a significant milestone in international criminal law. However, prosecuting the crime of aggression presents complex legal, political, and procedural challenges. This paper examines the legal aspects of aggression in accordance with the Rome Statute, including its proper meaning with jurisdictional framework, and the threshold for prosecution, as well as the conflict between state sovereignty and the criminal responsibility of the individual. The Kampala amendments in 2010 provided a clearer definition of aggression, drawing from UN General Assembly Resolution 3314, and set procedural conditions for ICC jurisdiction. Nonetheless, the UN Security Council's role remains a significant cause of conflict, as it still has the power to decide if an action qualifies as aggression, which complicates the jurisdictional power of the ICC. The paper further explores the challenges posed by the manifest violation threshold for prosecuting aggression, the impact of geopolitical factors on the enforcement of the law, and the role of powerful states in shaping the future of aggression prosecutions. The legal complexities surrounding the crime of aggression highlight the need for continued international cooperation and reform, as well as a stronger commitment to ensuring accountability for acts that threaten global peace. This abstract provides an overview of the main political and legal considerations that affect the prosecution of violence, providing information about potential roadblocks and opportunities for the advancement of international criminal justice in this area.827 views
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Pages 3551 - 3583Domestic violence remains a deeply entrenched and underreported social issue in Kashmir, exacerbated by socio-political instability, economic distress, cultural taboos, and systemic institutional gaps. This study, titled "From Law to Lament: Domestic Violence in Kashmir and the Crisis of Implementation," presents an empirical investigation into the prevalence, causes, and response mechanisms surrounding domestic violence in District Srinagar. Drawing on data collected from police records, the District Legal Services Authority, One Stop Centres, NGOs, and direct interviews with survivors and legal practitioners, the research reveals that despite the presence of robust legislation such as the Protection of Women from Domestic Violence Act, 2005, the implementation remains alarmingly ineffective. Findings highlight major issues including inadequate infrastructure (e.g., absence of shelter homes), lack of awareness among both victims and authorities, limited availability of trained protection officers, and societal stigmas that deter women from seeking help. The study also underscores the compounded impact of lockdowns—both political and pandemic-related—which intensified domestic abuse and further restricted access to legal and social remedies. This article calls for urgent structural reform, stronger institutional accountability, increased community-based awareness, and better coordination between law enforcement, judiciary, and support organizations. Without addressing the crisis of implementation, the law remains a hollow promise—leaving victims unheard, unprotected, and often, forgotten.1,099 views
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Pages 3584 - 3601Women domestic workers in India represent a crucial yet overlooked segment of the informal workforce, undertaking essential tasks such as cleaning, cooking, and caregiving within private households often under precarious and exploitative conditions. Despite their vital contributions, they have long remained excluded from the scope of formal labour protections. This paper critically examine the existing legal and policy framework governing social security for women domestic workers in India, with a specific focus on the Code on Social Security, 2020, introduced under the New Labour Codes. While the Code signifies a progressive shift by formally recognizing unorganized workers and extending benefits such as maternity assistance, life and disability insurance, and old-age pensions, it inadequately addresses the unique vulnerabilities of women domestic workers. The absence of a clear legal definition, the lack of enforceable employer obligations, and weak implementation mechanisms continue to hinder the realization of these rights. Furthermore, the gendered and informal nature of domestic work perpetuates its invisibility within labour policy and limits worker’s access to social protection. The study underscores the pressing need for a dedicated and enforceable national law that mandates worker registration, employer accountability, and targeted social security measures suited to the realities of domestic work. It calls for a paradigm shift in policy and enforcement that places dignity, visibility, and equity at the core of labour rights for domestic workers.1,074 views
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Pages 3602 - 3613Cartel means the business enterprises secretly agree to fix the price, production of the goods. These cartel activities harm the consumers, and disadvantage economic growth. In India, the cartel regulation is governed under the legislation which is Competition Act 2002, prohibiting the anti-competitive agreement. It deals with the legal provision relating to the cartel focusing on the identification, investigation, and punishment of the cartel. It includes the role of Competition Commission of India in enforcing the cartelisation along with the important case laws in relation to the cartel. It is focusing on the history of cartel regulation in India and the global aspects on cartel regulation. In India, cartel regulation faces challenges like proving collusion among companies, as evidence can be difficult to obtain. The consequences for cartel activities may not be strong enough to deter such behavior.733 views
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Consumer Attitude and Market Demand: Impact of Animal Welfare
Student at University Institute of Legal Studies, Chandigarh University, IndiaPages 3614 - 3624For the last few decades, the society is keenly showing interest in the welfare of animals. It has proved to be an integrated issue where the economical, scientific, cultural, and ethical angle could be noticed. Their dying conditions are also emotionally and physiologically determined about their living conditions. Thus, improvements in the welfare of animals would thus enhance the health and production of animals as well as the psychological and behavioural well-being of animals. This would thus benefit the owners themselves, the animals themselves, and society. In this light, more consciousness of the welfare of animals through changes in legal and regulatory apparatuses-which are now becoming enacted due to setting of international norms for humane treatment-is in order. Of course, despite the progress said above, there are still hurdles ahead. For instance, due to such ignorance, or apparent in availability, or the premium price of welfare-approved products, the consumer's welfare concern fails to automatically translate to sales. Variation of trust across product labelling impacts consumer commitment to shopping for welfare. In another study, important attitudes and purchasing decisions were reduced to certain sociodemographic factors-income, age, and education. We show that welfare-credited products are linked with more-educated and wealthier consumers. One can argue in Favor of incorporating animal welfare as a corporate social responsibility and accounting for profit, people, and the planet approach, also referred to as the "triple bottom line." Better welfare enhances safer food production and good public health that is in the right direction toward sustainability. Legislative approaches differ across the world,832 views -
Decoding the Shadows: Understanding Section 3 of PMLA Before and After the 2019 Amendment Through the Lens of Vijay Madanlal Choudhary
Advocate at Delhi High Court, IndiaPages 3625 - 3639The Prevention of Money Laundering Act (PMLA), 2002, is the cornerstone of India's legal framework’’ in the battle against money laundering. Enacted in 2002 and brought into force on July 1, 2005, this legislation was conceived to prevent Money laundering and confiscation of property derived from or involved in such illicit activities. This legislative response directly resulted from international imperatives calling for robust anti-money laundering measures, notably the 1998 United Nations General Assembly's resolution urging member states to implement relevant legislation. At the heart of this framework lies Section 3 of the PMLA, a provision of paramount importance as it furnishes the definition of the money laundering offence. This report aims to conduct a comprehensive analysis of the evolution of Section 3, with a particular focus on the substantial changes introduced by the 2019 amendment and the pivotal interpretation rendered by the Hon’ble “Supreme Court of India in the case of Vijay Madanlal Choudhary v. Union of India (2022), the Supreme Court's pivotal role in interpreting the PMLA is underscored, maintaining the constitutionality of the amended provisions and offering a critical interpretation, especially about the element of "projecting or claiming" proceeds of crime as untainted.1,407 views -
Tracing the Impact of Law in the Process of Obtaining Economic Sustainability
Student at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 3640 - 3652Economic Sustainability has a broader meaning, not restricting itself within the scope of economy. Rather, it extends to the level of individuals, to society; from a prescribed environment to a larger ecology, as this Earth as a whole. Sustainable use, and reuse of the material resources available in this world, leads to a sustained economy. And for achieving the same law, plays as a regulatory tool. This research paper analysis the all-possible means of law in regulating and covers a qualitative response of scholars, and academicians, specialised in law.597 views -
Understanding India’s Draft Guidelines on Passive Euthanasia
Student at Dr. Rajendra Prasad National Law University, Prayagraj, U.P., IndiaPages 3653 - 3662The suggested passive euthanasia guidelines released by the Indian Union Health Ministry are discussed in this article. The guidelines attempt to establish a systematic and morally justified system for withdrawing or withholding life-sustaining treatment (LST) in terminally ill patients. This system takes into account the right to die with dignity under Article 21 of the Constitution. Clinicians face a legal and moral dilemma in the care of patients at the end of life; these recommendations, prepared with the assistance of AIIMS specialists, are intended to assist. Among the conditions under which passive euthanasia may be warranted are brainstem death, treatment with no beneficial impact, and informed refusal by the patient or his representative, as covered in the suggestions. The landmark Supreme Court ruling in Common Cause v. Union of India (2018), legalizing passive euthanasia and facilitating living wills, is the foundation upon which this is based. With ensuring due medical and ethical diligence, the norms simplify previously complicated processes, ushering in a truce between the sanctity of life and death's dignity. The essay continues on to discuss the financial and psychological burdens of unnecessary treatment, emphasizing ways in which humane withdrawal of treatment can reduce suffering and preserve a patient's autonomy. Finally, we consider how the law is changing, from the judge-centered approach to a patient-centered approach, indicating a movement toward honoring patients' rights to decide for themselves regarding their end-of-life care. Finally, the standards proposed are a giant leap towards bringing medical practice in line with constitutional principles and ethical commitments to promote, within a firm legal framework, the humane care of terminally ill patients.910 views -
Procedural Shortfalls in Narcotics Enforcement: A Judicial Review of Section 103 of the Customs Act, 1962 vis-à-vis the NDPS Act, 1985
Assistant Director at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, Andhra Pradesh, IndiaPages 3663 - 3684This article examines the procedural shortcomings in narcotics enforcement, focusing on the use of Section 103 of the Customs Act, 1962 in cases governed by the NDPS Act, 1985. It highlights how failure to comply with mandatory provisions—such as prior intelligence documentation, timely production before a magistrate, and proper medical procedures—can vitiate prosecution and violate constitutional safeguards. Drawing on key judicial decisions, the article underscores the legal obligation of officers to prioritize NDPS procedures over general customs powers when specific intelligence is available, and offers practical recommendations to ensure lawful and effective enforcement.1,078 views -
Pages 3685 - 3709A Agriculture has been a key contributor to India’s growth story. However, on the other hand, reality also stands true that Indian agriculture is impaired by a prolonged silent distress, widely indicated by the farmer suicides that are extensively reported since past few decades. The Indian economy's economic convergence with the global markets has put major obstacles at the Indian agricultural sector 's gateway. Several articles, reports and related works have been published that have highlighted the negative impacts of this economic integration and have pointed out that the said integration has directly or indirectly created circumstances for extensive farmer suicides. Different works on particular empirical aspects have focused on agrarian issues such as the World Trade Organization’s (WTO) negative impact on Indian agricultural trading, increased costs of production, rise in farmers’ indebtedness, agricultural crisis due to erratic climatic conditions, diminishing support of the state etc. These issues have directly/indirectly created circumstances for farmers to commit suicides. In this work, there is an overlap between two substantial fields of study i.e. Indian agrarian studies on one hand and International trade Law and it’s subsequent impact on India’s domestic policy making, on the other hand. The need of the hour is that a framework must be build up by reloading the aforementioned traditional agrarian question in globalization context that would effectively address the current agrarian crisis in India in trade context as well. Earlier the formation and impact of capitalism was traced in Indian agriculture under the traditional agrarian question. However, currently the formation and impact of globalization and neoliberalism in Indian agriculture have to be traced and assessed. Furthermore, the government of India has initiated various programs to promote the adoption of technologies like AI and IoT in agriculture. These technologies are aimed at addressing the global food security challenge and improving sustainability in the agricultural sector. This work purposely omits discussion on 2020-2021 farmer protests in India since it requires a separate discussion in length & breadth.634 views
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Pages 3710 - 3722This article presents a comparative study of India's National Education Policies of 1968, 1986, and 2020 to analyze how Indian Knowledge Systems (IKS) have been framed, depicted, and implemented over different policy regimes. Grounded in qualitative document analysis, the research explores changes in epistemological orientations, curricular integration, and institutional frameworks relating to IKS. The 1968 policy, determined by post-independence developmental agendas, recognized India's cultural heritage but did not include IKS in systemic reform. The 1986 policy offered rhetorical acknowledgment without substantive curricular or pedagogical change. However, the National Education Policy 2020 represents a paradigmatic shift by locating IKS at the center of integral education and promoting its structural incorporation through curriculum planning, teacher training, and research. Based on traditional texts and modern research, the research delineates a path from epistemic marginalization to strategic inclusion. It does, however, delineate habitual obstacles such as implementation gaps, institutional inertia, and epistemic tokenism. The article advocates for persistent institutional commitment, interdisciplinary research, and culturally situated pedagogy to help the incorporation of IKS move beyond symbolic inclusion towards actual educational decolonisation and epistemic justice.668 views
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Pages 3723 - 3736This research paper aims to be aware and educate about emerging cyber security threats and challenges. Cyber security challenges have been prevalent nowadays, and new and effective solutions must be implemented to reduce these negative impacts. Cyber security is required in every organisation to protect every specific data category from damage and theft. It mainly includes personally identifiable information, intellectual property, data, organisational information systems and many more. Hence, the organisational data and information would be safe and secured under every circumstance, and the data management aspects would be enhanced to a high level. This research paper has considered a literature review of recent articles on cyber security challenges and emerging trends in cloud computing. Six cyber security risks are identified, and three emerging cloud trends are determined from the existing research. This research paper also provides future research avenues that would benefit the technological aspect. Cybersecurity threats are rapidly evolving, posing significant challenges to individuals, organizations, and governments worldwide. This research paper examines emerging cyber security threats and explores the development of futuristic techno-legal standards and frameworks to enhance conviction rates in cyber-crimes. By analyzing current trends, potential future risks, and the intersection of technology and law, this study proposes proactive measures to combat cyber threats effectively. This paper explores the emerging challenges posed by these threats and the limitations of current techno-legal frameworks in addressing them. It proposes the development of futuristic techno-legal standards that leverage technological advancements and legal reforms to improve cyber crime investigation, prosecution, and ultimately, conviction rates.659 views
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Pages 3737 - 3746This study looks at how email marketing may be used as a strategy to keep customers in the e-commerce sector. It looks at how the frequency, content relevance, and personalization of email messages affect customer engagement, repurchase behavior, and brand loyalty utilizing structured questionnaires as a quantitative descriptive method. The result shows that email marketing is still a cheap and direct way to communicate, but it only works well if it is done carefully, especially when it comes to making material that is relevant and personal. There is a modest to moderate positive link between content relevance and the intention to buy again. The study also shows that how to keep customers, how to segment them based on data, how to keep them engaged, and send them messages at the right time. The study suggests that well-targeted email campaigns will help to keep customers, but they are not the only thing that does.1,101 views
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Pages 3747 - 3763To establish an orderly society, most governments provide fundamental human rights to their inhabitants. The economic, political and civic spheres are all included by these rights. However, how they are put into action is where the rubber meets the road. Even if the civil rights are enforceable in most of the nations, the enforceability of economic rights is a topic of contention till today. The subtleties of economic rights and how they are implemented inside the international legal system are explored in this paper through qualitative approach. It offers a comprehensive historical overview and delineates essential elements of economic rights, examining the legal frameworks under international law. The article delineates enforcement measures and observes the challenges of enforcing economic rights under international law, highlighting issues such as state sovereignty, fragmented legal frameworks, limited institutional capacity and the impacts of globalization and rapid technological change. Drawing on real-world examples, it demonstrates how both domestic reforms and international cooperation can address these challenges effectively. The article concludes by emphasizing the indispensability of a synergistic approach that integrates legal, technological and collaborative strategies to translate international commitments into practical, measurable outcomes in the realm of economic rights.922 views
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Patentability of AI-Generated Inventions: Rethinking Inventorship in Indian Patent Law
Student at Amity University, Noida, Uttar Pradesh, IndiaPages 3764 - 3782The rapid advancement of Artificial Intelligence (AI) technologies has redefined the boundaries of innovation, with machines now capable of autonomously generating novel solutions, designs, and inventions. However, this unprecedented capability has posed significant challenges to traditional patent systems, which are primarily designed to recognize human inventorship. Indian patent law, like many global frameworks, mandates that an "inventor" must be a natural person. This requirement creates a legal vacuum for AI-generated inventions, as such outputs fall outside the scope of current inventorship definitions under the Patents Act, 1970. This paper explores the conceptual and legal complexities surrounding the patentability of AI-generated inventions in India. It examines whether the Indian legal framework is equipped to address this emerging reality, focusing on the statutory language, judicial interpretation, and the role of the Indian Patent Office. Through comparative analysis of global developments including the DABUS case and the varied international stances on machine inventorship this research highlights the growing tension between technological innovation and outdated legal norms. The paper further delves into philosophical and jurisprudential arguments about authorship, ownership, and the nature of legal personality in the context of AI. Finally, it proposes a roadmap for reform, including potential legislative amendments and administrative guidelines that India could adopt to accommodate the changing innovation landscape. The goal is to ensure that the Indian patent regime remains robust, inclusive, and responsive to technological evolution without compromising legal certainty or ethical responsibility.1,048 views -
Business Ethics in Agency Relationship under Ohada Commercial Law: From the Perspective of Non-Competition and Confidentiality
Associate Professor at The University of Bamenda, CameroonPages 3783 - 3807The Uniform Act on General Commercial Law has provisions on some aspects of business ethics in the relationship of agent and principal. This article questions the extent to which the Act has regulated business ethics with focus on the agent’s duties of non-competition and confidentiality. With the objective to examine critically the provisions of the Act relating to the ethical conduct of the agent with respect to the mentioned duties, this article reveals that the duties are sparsely regulated and the Act is almost silent on the effects of their breach. Presently, solutions to certain problems relating to the duties of confidentiality and non-competition are found in national laws and case law of the members states. This is inimical to the harmonisation mission of OHADA. The article advises the OHADA lawmaker to amend the Act to address the deficiencies identified.585 views -
Pages 3808 - 3818This paper discusses the sensitive matter of the protection of women and children during armed conflict, from the perspective of International Humanitarian Law (IHL). Even though the building blocks of IHL were established to soften the suffering wrought by war, these categories of vulnerable people are still disproportionately affected. The research delves into the particular vulnerabilities of women and children, examines relevant provisions in IHL instruments, and addresses issues of compliance and accountability. Through an analysis of seminal international legal frameworks and exemplar case studies, this paper brings to the fore the imperative need for more effective implementation and enforcement mechanisms to protect the rights and welfare of women and children in conflict-affected situations.944 views
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Intellectual Property Rights and Human Rights: Conflict or Harmony?
Student at Christ Academy Institute of Law, IndiaPages 3819 - 3830Can the exclusive privileges of intellectual property coexist with the expansive promises of human rights, or will they be in constant conflict? The paper explores the subtly controversial overlap or boundary between Intellectual Property rights (IPRs) and Human rights. These two previously accepted spheres are now showing considerable overlap in the globalized, knowledge-based economy. Although IPRs are meant to promote innovation and safeguard the interests of the creators, they sometimes result in hindering access to necessary items like life-saving drugs, educational materials, and cultural assets which are the fundamental things that are safeguarded by the human rights regime, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). This paper sheds light on real-world legal struggles and policy controversies through the exploration of various important conflicts, such as those between pharmaceutical patents and the right to health, copyright limitations and freedom of expression, as well as biopiracy and indigenous rights. Notably, the study also covers mechanisms of harmony: TRIPS flexibilities, fair use doctrines, compulsory licensing, and participatory policymaking show how reconciliation between these spheres might work. India, South Africa, and the international access-to-medicines movement case studies highlight the way courts, civil society, and international institutions manoeuvre around these tensions. Furthermore, this paper presents the debate on a balanced and human rights-centered approach to the governance of intellectual property, advocating for the creation of flexible legal systems that favor both innovation and the interests of the people, thereby promoting inclusive and equitable global growth.792 views -
Criminal Law Responses to Sexual Offences: A Comparative Study of Consent and Coercion Doctrines in Bangladesh, Sweden, and India
Senior Lecturer of Law at World University of Bangladesh (WUB), BangladeshPages 3831 - 3851This article conducts a critical examination of criminal law theories pertaining to sexual offenses, as well as a comparative analysis of consent and coercion doctrines throughout Bangladesh, Sweden, and India. Taking into account changing international human rights norms, this study investigates how different jurisdictions interpret and implement consent and coercion as aspects in sexual crime prosecution, revealing considerable variations due to unique socio-legal, cultural, and historical settings. In Bangladesh and India, consent theories are heavily established in patriarchal ideology, with victims frequently being held responsible for proving non-consent, whilst coercion doctrines are hampered by narrow definitions that jeopardize effective legal protection. In contrast, the Swedish legal system exemplifies a progressive affirmative consent test, emphasizing the importance of express, voluntary assent but also taking into account a larger variety of coercive elements such as psychological pressure and incapacitation. The analysis demonstrates how restricted understandings of consent and coercion in South Asian legal systems impair victims' rights while creating prospects for impunity, limiting victims' access to justice. Recognizing a more victim-centered approach in Swedish legislation that is more in accordance with international human rights benchmarks, this paper highlights critical policy reform outcomes. It proposes legal change and adjustment in Bangladesh and India to offer total protection from sexual violence, as well as the reform of consent and coercion doctrines to a affirmatively oriented approach. Overall, this comparative research emphasizes the need of culturally sensitive yet rights-based reforms in criminal law responses to sexual assaults as a means of advancing gender justice while also safeguarding victims' dignity across countries.1,098 views -
Artificial Intelligence and Ethics
Student at Hidayatullah National Law University, Raipur, IndiaPages 3852 - 3860This paper explores the ethical challenges and responsibilities that arise with the growing use of Artificial Intelligence (AI), especially in the legal field. AI has the power to mimic human intelligence and is now being used to make legal decisions, but its use raises important concerns around fairness, accountability, and transparency. These concerns are grouped under the concept of FATE, which stands for ‘Fairness, Accountability, and Transparency in Ethics’. The paper discusses how faulty data can bring about to biased results, how it is difficult to hold anyone accountable when AI systems make mistakes, and how many AI systems lack the transparency needed for people to understand how decisions are made. Various countries and global institutions have proposed ethical guidelines to manage AI use responsibly, including India’s NITI Aayog, the European Union, UNESCO, the UAE, and China. However, most of these guidelines are non-binding and symbolic. Lastly, the paper suggests a shift toward Human-Centered AI (HCAI), which focuses on supporting human values, rights, and dignity to ensure the development of a truly trustworthy AI.487 views -
Unveiling Injustice: Advocating for Legal Recognition of Marital Rape
Student at Government Law College Thiruvananthapuram, IndiaPages 3861 - 3868The legal recognition of marital rape remains a contentious issue, with varying laws and societal attitudes across different countries. While many nations have made significant strides in acknowledging marital rape as a crime, others still hold outdated legal views that exempt spouses from prosecution in the context of sexual violence within marriage. This paper explores the historical, legal, and societal dynamics surrounding marital rape, examining the progress and challenges in its legal recognition. By analysing comparative legal frameworks, case studies, and the impact of cultural and gender norms, the study highlights the obstacles victims face in seeking justice. Additionally, the paper discusses the role of advocacy groups and ongoing reforms, offering policy recommendations to strengthen legal protections for survivors of marital rape. The research underscores the need for comprehensive legal reforms to ensure marital rape is universally recognized as a crime, emphasizing its crucial role in the broader fight for gender equality and human rights.663 views -
Pages 3869 - 3877Human rights are not merely legal entitlements; they are foundational to the very fabric of a just and equitable social structure. This paper explores how human rights function as essential pillars in shaping social institutions, influencing governance, and empowering marginalized communities. By guaranteeing dignity, freedom, and equality, human rights serve as both a moral compass and a legal framework for social order. Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination. The analysis highlights the interdependence between human rights and social justice, emphasizing their role in reducing systemic inequalities and fostering inclusive development. In an era marked by globalization, social unrest, and democratic challenges, the protection and promotion of human rights remain vital for sustaining social cohesion and progress.593 views
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Pages 3878 - 3887The concept of federation refers to a governance system where authority is constitutionally divided between a central government and regional entities like states or provinces. This division ensures a balance of power and autonomy, accommodating diversity while upholding unity. Each region has the ability to govern itself in specific areas while still being part of a single nation. Centre-State relations are essential in any federation, shaping how these two levels of government interact, cooperate, and share responsibilities. These relations involve legislative, administrative, and financial dimensions, which are crucial for the effective functioning of a federal system. A clear and cooperative Centre-State relationship enhances national integration, facilitates efficient governance, and helps prevent conflicts. However, tensions can emerge when one government level seeks to dominate or override the other, highlighting the necessity for a well-defined constitutional framework and an impartial judiciary that can interpret and resolve disputes effectively.719 views
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Pages 3888 - 3901Maharashtra, a state balancing rapid development with significant biodiversity, faces a complex legal challenge in reconciling these priorities. This article delves into the legal framework governing both infrastructure projects and environmental protection, examining key legislation, judicial interpretations, and policies relevant to the state's context. It highlights the inherent conflicts arising from competing legal priorities and critically evaluates the effectiveness of current mechanisms like environmental impact assessments and mitigation strategies in achieving a sustainable balance within Maharashtra's unique ecological and developmental landscape. By analyzing relevant case laws, the article aims to provide a nuanced understanding of the legal hurdles and the state's efforts to achieve a sustainable path forward.498 views
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Corporate Accountability in India: Navigating the Overlap Between Civil and Criminal Liability in the Post-Satyam era
Student at Chanakya National Law University, IndiaPages 3902 - 3909This paper critically examines the overlapping domains of civil and criminal liability in Indian corporate law; corporate governance failures refer to ongoing governance failures such as the Satyam Scam compelled India to re-examine its legal response to corporate misconduct. Drawing from statutory frameworks such as the Companies Act, 2013, the SEBI Act, 1992, the Prevention of Money Laundering Act (PMLA), and relevant provisions of the Indian Penal Code (IPC), this study explores the legal and ethical dilemmas that arise from prosecuting artificial legal entities and their human agents. The study delves into the of post- Satyam reforms and recent regulatory enforcement trends in achieving a balance among the principles of deterrence, due process, and economic efficiency. Employing a combination of doctrinal analysis and case-based inquiry, this paper presents a harmonized accountability framework that upholds justice while preserving corporate innovation and autonomy.563 views -
Pages 3910 - 3919Rome Statute of the International Criminal Court (ICC) is a historic milestone in international criminal law that gives the world a permanent court with universal jurisdiction over the most heinous crimes of international concern: genocide, crimes against humanity, war crimes, and the crime of aggression. Although the Statute presents a sound legal framework for prosecuting these atrocities, its enforcement is confronted with numerous problems. This paper examines war crimes and crimes against humanity under the Rome Statute and the complexities of prosecuting them, including the practical, legal, and political challenges that hinder effective justice. By looking at some famous cases and analyzing pertinent International Humanitarian Law (IHL) principles, we underscore the ongoing challenges of gathering evidence, the protection of witnesses, cooperation among states, and political will on which successful prosecutions depend. It ends by recommending paths to bolstering the ICC's capability and encouraging more compliance with international justice.998 views
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The Factories Act, 1948: Health, Safety, and Welfare Essentials
Guest Faculty at Government Law College, Salem, IndiaPages 3920 - 3944The Health, Safety, and Welfare (HSW) provisions of the Factories Act, 1948, are fundamentally important to workers, directly impacting their well-being, dignity, and productivity. These legislative mandates are crucial for mitigating the inherent risks of industrial environments and establishing a protective framework for the workforce. The health provisions of the act ensure a hygienic and healthy workplace by stipulating requirements for cleanliness, proper ventilation, temperature control, and the management of dust and fumes. These measures directly combat occupational diseases like respiratory ailments and skin conditions. Furthermore, access to wholesome drinking water and adequate sanitary facilities prevents the spread of illness and upholds basic human dignity. Without these provisions, workers would face environments detrimental to their long-term health and general well-being. The safety sections of the act are vital for protecting workers from immediate physical harm and preventing accidents. Mandates such as the fencing of machinery, regulations for hoists and lifts, and precautions against dangerous substances like fumes or explosive dust are designed to minimize severe injuries, disabilities, and fatalities. These provisions ensure that workers can perform their duties with reduced risk of amputations, crushing injuries, burns, or other life-threatening incidents. The requirement for personal protective equipment further reinforces individual safety, creating a more secure working environment. Lastly, the welfare provisions significantly enhance the overall quality of life for workers. Facilities like washing areas, canteens, rest rooms, and crèches address fundamental human needs and provide essential respite during long shifts. These measures acknowledge that a worker's well-being extends beyond mere physical safety, contributing to improved morale, reduced fatigue, and a sense of being valued. This holistic approach to welfare ultimately boosts productivity and reduces absenteeism. The incorporation of these HSW standards into the Factories Act, 1948, ensures they are not optional but legally binding obligations for employers. The Act delineates clear responsibilities, sets specific benchmarks, and establishes an enforcement mechanism through factory inspectorates, backed by penalties for non-compliance. This statutory embedding transforms HSW from discretionary employer practices into fundamental rights for every factory worker, thereby fostering a more just, humane, and protective industrial landscape across India.2,394 views -
The Role of Forensic Evidence and Investigative Rigor in Death Penalty Cases: Balancing Justice and the Risk of Error
Student at Delhi Metropolitan Education, IndiaPages 3945 - 3952The death penalty, as the ultimate and irreversible punishment, demands an unparalleled standard of accuracy to prevent the execution of innocent individuals. Forensic evidence, including DNA, ballistics, fingerprints, and toxicology, provides a scientific foundation for convictions, while investigative rigor, defined by thorough and impartial evidence collection, ensures its integrity. This paper examines their critical roles in capital cases, highlighting how forensic advancements, like DNA analysis, have transformed justice by securing convictions and exonerating the innocent. However, errors such as forensic misinterpretation, reliance on discredited methods, and biased investigations have led to wrongful convictions, as seen in cases like Kirk Bloodsworth and Anthony Ray Hinton in the United States, and Stefan Kiszko in the United Kingdom. Systemic issues, including resource disparities, racial biases, and pressure to close high-profile cases, exacerbate these flaws. Through detailed case studies and global perspectives, the paper explores the interplay between forensics and investigation, ethical dilemmas, and the need for reforms like standardized protocols and independent reviews. It argues that while forensic evidence and investigative rigor are essential for justice, their imperfections necessitate systemic overhaul to prevent irreversible errors, ensuring fairness in the administration of capital punishment.785 views -
Constructed Genders & Systemic Inequalities: A Study of India’s Gender Divide
Student at Navrachana University, IndiaPages 3953 - 3959This article analyses the ubiquitous phenomenon of gender-based discrimination in India, focusing on the structural, historical, and socio-cultural processes that continue to reinforce gender inequality throughout India. Despite the constitutional provisions and various legislative reforms designed to safeguard and empower marginalized genders, deeply ingrained societal norms tend to defeat such legal frameworks in practice. This analysis goes above the systemic exclusions that women experience, also involving transgender, non-binary, and gender non-conforming people who are still massively excluded in public and private areas of life. Historically, the paper lays out the changing status of gender minorities and women from ancient India's Vedic times to colonial regimes to modern day India, showing how patriarchal interpretations of culture and religion have led to longstanding inequalities. It showcases inequalities in mortality, education, work, property rights, and family dynamics, emphasizing the workings of intersectionality to focus on these difficulties. Further, the paper also goes into detail regarding major legal provisions such as the Protection of Women from Domestic Violence Act, the Dowry Prohibition Act, and major judgments pertaining to transgender rights and examines their effectiveness and shortcomings. It contends that legal change, although important, is not enough without simultaneous changes in public awareness and societal values. Finally, the paper demands a multi-dimensional intervention involving legal enforcement, integrated education, and policy changes. By viewing gender discrimination as a social construction and not as a natural order, India can progress toward realizing true equality. The paper encourages an understanding, study-based, and action-oriented response to break the systemic impediments and create a society where everyone, be it male or female, can participate and flourish fully.587 views -
A Study of Cyber Crimes and it’s Impact
Assistant Professor at Classic College of Law, IndiaPages 3960 - 3972Every nation's economic growth is significantly influenced by the role that banks play. The economy would not function without its banks. The bank is not only an institution but also one of the fundamental requirements of humans in the modern day. Everyone has a need for banks, and our identity is established via our bank accounts. The financial sector in India is undergoing rapid expansion and change at an alarming rate, with new laws, rules, and regulations being implemented almost on a daily basis. The reserve bank of India exercises oversight over the Indian banking system and has system holdings. In the modern day, bank accounts are considered to be human common things; hence, they may be utilised whenever and whenever. The banker has observed and analysed the desires and satisfaction of the client, such as rapid changes in the method transaction channels such as ATM, balance inquiry, online banking, mobile banking e cheque, electronic money transfer, credit cards, debit cards, smart cards, and payment banks. The Indian bank began operations in the post office sector in addition to establishing a number of payment banks. Since the Post Office Department is now employing banking services, this indicates that the Indian Banking Sector is undergoing significant transformation and expansion.535 views -
The Impact of International Financial Regulations on Cross-Border Mergers and Acquisitions
Student at O.P. Jindal Global University, IndiaPages 3973 - 3986This research explores the impact of international financial regulations on cross-border mergers and acquisitions (M&As). Cross-border M&As have become crucial strategy for global expansion and market penetration. However, the regulatory landscape has grown increasingly complex. This study examines how regulations like Basel III, IFRS, and anti-money laundering laws affect M&A activities across borders. The research employs mixed-methods approach, combining quantitative analysis of M&A data with qualitative interviews with industry experts. It focuses on transactions in the banking and financial services sector from 2010 to 2020. study aims to identify key regulatory challenges, assess their impact on deal structures, and evaluate how firms navigate compliance issues. Findings suggest that while regulations have increased transparency, they have also raised compliance costs and complexities. This has led to longer due diligence processes and more complex deal structures. However, the impact varies across jurisdictions and deal sizes. Research provides insights for policymakers, corporate strategists, and legal advisors involved in cross-border M&As.573 views -
Pages 3987 - 4003In this contemporary knowledge-based economy, Intellectual Property (IP) are useful economic assets and motivation for innovation. Global businesses rely heavily on IP taxation for influencing innovation levels, investments and promoting economic growth. This study investigates into IP Rights (IPR) taxation systems across European Union (EU), United States of America (USA) and India while it also draws connections to commerce, trade and laws . The research adopts a comparative legal policy analysis which studies statutory provisions, international taxation contracts and economic footprints of IPR taxation. The assessment includes analysis of essential tax components including royalties, patent box regimes, IP transaction’s capital gains taxation and international tax issues concerning Base Erosion and Profit Shifting (BEPS) . The study examines how different jurisdictions both agree and differ in their operations to present positive and negative impacts of their methods. This research exhibits that world-leading economies- the USA and EU have implemented IPR taxation approaches to support research and development (R&D) along with attracting capital investments but India stands in a developmental stage which balances its home technology development against worldwide market competition. The study reveals that the Patent Box System of the EU promotes innovation, the Tax Cuts and Jobs Act with GILTI (Global Intangible Low-Taxed Income) and FDII (Foreign-Derived Intangible Income) provisions of the USA aims to fight profit tax evasion and simultaneously stimulate domestic IP growth. The marks of modern tax policy within India incorporate strengthened transfer pricing oversight through regulations that protect both international standards and national technological advancement and innovation. The research enhances current discussions about tax policies concerning IP through studying various tax systems’ impact on innovation systems. This research paper is pressing priority for enabling developing economies and will form a strong edifice in aiding researchers, policy makers and nations in formulating and adopting premier IPR tax regimes leading to robust innovation.699 views
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Rehabilitation through Community Service: Evolving Drug Offence Sentencing in India
Assistant Professor in Law at Indian Institute of Legal Studies, Siliguri, IndiaPages 4004 - 4010Community service as measure specifically for drag offenders can be one revolutionary step towards the rehabilitation and social-reintegration. The traditional approach to drug related offences is generally result in incarceration which might fail to tackle the fundamental reasons of substance usage and may even increase the tendency of recidivism. This paper highlights community service as more viable and empathetic approach towards drug related offences in India aligning with the international approach which is giving priority to rehabilitation over punishment. The study explores the existing legal frameworks including The Narcotic Drugs and Psychotropic Substances Act, 1985 and precedents to evaluate the effectiveness of community service in drug related matters. Additionally, it makes comparison with the countries like Portugal and Netherlands where there are positive responses after alternative sentence is given to the person dealing with drugs. Furthermore, the study also examines the positive impacts of having community service as alternative sentence in drug related matters, such as it might lessen the overcrowding of correctional home, can decrease the expenses for government spent on incarceration and encourage social responsibility among offenders. However, there are legal issues like enforcement obstacles, legislative loopholes and societal stigma must be considered. By encouraging for a restorative justice this paper argues for more of a balanced approach that is supporting public health, rehabilitation over punitive measures. This paper ends with policy proposal for legislative and judicial reforms.668 views -
The Hybrid Work Revolution: Balancing Remote and In-Office Success
Student at Law College Dehradun, Faculty of Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4011 - 4024The hybrid work model has emerged as a transformative approach to modern workplace structures, blending remote and in-office work to optimize productivity, employee satisfaction, and operational efficiency. This research critically examines the evolution of hybrid work models, analysing their impact on businesses, employees, and organizational culture. The study explores key benefits, such as enhanced work-life balance, increased flexibility, cost savings, and access to a global talent pool, while also addressing challenges like communication barriers, cybersecurity risks, and disparities in employee experiences. Drawing on historical trends, pandemic-driven shifts, and contemporary corporate strategies, this paper evaluates various hybrid work structures, including fixed, flexible, remote-first, and job-specific models. Through case studies of successful and failed hybrid work implementations, the research highlights best practices for maximizing efficiency, ensuring inclusivity, and fostering innovation in a hybrid work environment. Additionally, the study discusses emerging trends such as digital nomadism, AI-driven workplace automation, and the role of HR in managing hybrid workforces. By providing strategic insights, this research aims to guide organizations in developing sustainable and adaptive hybrid work policies that align with evolving workforce expectations and business goals.650 views -
Distress in Disguise: Cobalt Mining in the DRC and Child Abuse
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 4025 - 4035“When I wake up every morning, I feel terrible knowing I have to come back here again; everything hurts!” – cries Richard, an eleven-year-old boy, exploited in the treacherous mines of the Democratic Republic of Congo (“DRC”). Imagine getting down a dark, seemingly endless tunnel, trying to break bread for at least one meal; this is the life of tens of thousands of children like Richard. In the transition from conventional to clean and green energy, the world has drifted towards the usage of electrically powered machinery. This skyrocketed the demand for ‘Cobalt’, which is prominently used in modern-day lithium-ion batteries. The DRC, accounting for more than 70% of Cobalt’s global supply, attracts plundering MNCs to carry out intense mining by exploiting the natives for their cheap labour. Inside such mines, an estimated 40,000 children drain their blood to charge up the batteries of those machines. This study serves as an investigation into the continued exploitation of child labour in the mines of the DRC; also emphasising the role of international players and policies in giving a way forward to the issue. This empirical study utilises the 2024 ILO’s “GALAB” news report on Child labour in the DRC. Our analyses are guided by an international framework provided by relevant global stakeholders through books and reports. It is hoped that this study will sensitise everyone to initiate a revamp, after making them realise that one such blood battery might be powering the devices that they use on a day-to-day basis.690 views -
Jurisdictional Dilemmas and the Best Interests of the Child
Assistant Professor at Marathwada Mitra Mandal's, Shankarrao Chavan Law College, Pune, IndiaPages 4036 - 4050International parental child abduction raises important issues of jurisdiction, applicable law, and enforcement of foreign judgements, presenting a complex intersection of private international law and family law. With an emphasis on the legal predicaments that emerge when a child is forcibly removed or retained across national borders, this paper examines the phenomenon through the lens of conflict of laws. The paper specifically looks at how lex fori (the law of the forum) and lex causae (the law applicable to the relationship) compete to decide these kinds of cases, particularly in countries like India that are not signatories to the Hague Convention on the Civil Aspects of International Child Abduction, 1980. This paper draws attention to India's reliance on the welfare principle and the parens patriae doctrine, which frequently conflict with the worldwide trend of automatic return mechanisms. Unpredictable results and legal ambiguity result from the lack of a codified framework, especially in cross-border custody disputes involving divergent national laws and parenting customs. This study emphasises how urgently India must participate in global harmonisation initiatives and create a cogent policy that strikes a balance between the child's best interests and the ideas of international cooperation and legal predictability. Within the larger framework of private international law, the paper ends with policy recommendations meant to close the gap between domestic priorities and international obligations.652 views -
Pages 4051 - 4064Tribal women are facing multifaceted economic challenges that impede their empowerment and overall well-being. Societal progress is incomplete without full and equal participation of women, as their exclusion leads to underutilization of community’s potential, hindering innovation, diversity and overall productivity. Identifying and addressing the economic barriers faced by women in rural areas or indigenous inhabitants is crucial in achieving sustainable growth while also promoting gender equality. This study seeks to identify and highlight key economic challenges faced by the Karbi (formerly known as Mikir) women in Arunachal Pradesh, a state in the northeastern region of India. The study employs qualitative methods to examine the economic situation of the Karbi women, focusing on their occupational pattern, scope for earning opportunities and access to formal financial services. The changing livelihood strategies adopted by the women due to shifting socio-political scenario has also been examined. The study underscores the need for targeted interventions for economic empowerment of the tribal women such as providing skills training, encouraging small-scale entrepreneurship, improving access to education and strengthening support from financial institutions. The study contributes to larger discourse on gender equality and economic upliftment of marginalized tribal women.913 views
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Pages 4065 - 4076This paper discusses the evolution of Indian Knowledge Systems (IKS) in teacher education in India, with a focus on their implications for epistemic justice, ethical pedagogy, and culturally responsive teaching. Through a qualitative study of policy documents, curriculum materials, and research studies, the paper explores the comprehension and use of IKS in teacher education programs such as B.Ed., M.Ed., and the Integrated Teacher Education Programme (ITEP). The findings indicate that although recent policy initiatives, particularly NEP 2020, firmly support the inclusion of IKS, its adoption institution-wide is fragmented and superficial. All these challenges of limited faculty readiness, lack of organized curricular scaffolding, no contextual models for assessment, and institutional lethargy continue to exist. However, when adopted with intent and depth, IKS enhances teacher education by supporting holistic, value-driven, and community-based learning. The research concludes by calling for curricular reform, faculty development, pedagogical innovation, and institutional restructuring to empower substantive IKS integration and secure the full realization of its transformative potential within India's teacher education system.770 views
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A Critical Analysis of Section 357A CrPC (Now Section 396, BNSS)
Advocate at District Judge's Court, Purba Medinipur, West Bengal, IndiaPages 4077 - 4094Earlier victims were happened to be the most ignorable part in the criminal justice system. Their role was restricted as a mere witness in the criminal proceedings or as an informer of a criminal act happened. But in particular they had suffered the most due to a criminal activity. After the theory of ‘victimology’ came into light, the legal philosophers have started thinking about the hardships of the victims. Many jurists have suggested various ways to provide relief to the crime victims, among which compensation or financial assistance was supposed to be the appropriate one. In India, before 2008 compensation was given under Constitutional law for breach of fundamental rights, Code of Criminal Procedure, 1973 and through various others analogous legislation. But still it was not the statutory right of the victims to get compensation. In 2008, after the insertion of section 357A into the Code of Criminal Procedure, 1973, it has become the statutory right of the crime victims to get compensation. This section introduces state’s liability for providing compensation. This paper tries to critically analyse the provisions of sec. 357A, Cr. P.C. For this the paper has made an intensive study about the various judgments pronounced by the Supreme Court and various High Courts regarding victim compensation, the various guidelines issued by the Central Government, Compensation Schemes of various States. Though section 357A, Cr. P.C. is an outstanding step towards victim justice, it has yet to be added some effective implementation mechanisms of its provisions in order to become an exhaustive one.6,200 views -
Consumer Awareness and Empowerment: Role of Technology and Social-Media in Empowering Consumers
Research Scholar at the School of Law, University of Technology, Jaipur, IndiaPages 4095 - 4121The growth of e-commerce has had a significant impact on how individuals shop and research their purchases. By just considering digital as another media channel, marketing overlooks the shift in consumer power and the need to interact rather than advertise. Marketing has not kept up with this paradigm shift. Popular stories have an impact on both individual and social conduct, and narratives are a part of our daily lives. We show how the narratives that are influencing our environment may be tracked using big data and AI. By addressing what consumers believe to be significant, engaging with these narratives can enhance marketing decision-making and produce better results for growing and maintaining brand equity in our modern, digital environment. The expanding impact of e-commerce is examined, offering insight into elements affecting patron trust and fidelity in the Indian context. The importance of consumer courts in influencing consumer law is highlighted in the research paper. The research explores the intricacies of online buying preferences among various age groups and how they relate to security and safety worries. It is acknowledged that there are problems, such as a dearth of thorough literature on the evaluation of the effects of regulatory frameworks on e-commerce. Overall, the abstract provides insights into the new trends in the Indian consumer scene while capturing the evolving legal and practical features of consumer protection and consumerism. The researcher has also highlighted how consumer rights and technical advancements interact. The study examines the role of technology and social media on consumer protection. The abstract offers insightful information on how consumer protection dynamics are changing in a world that is becoming increasingly digital and consumer friendly. With the help of new technology, consumers may learn more about items, read reviews, and interact with others to generate well-informed opinions. Social media gives people more power because it offers options for interaction and personal access that are different from conventional top-down strategies. Consumers can voice their ideas and participate in discussions on digital platforms, which increases their power to influence products and services. Consumers can voice their ideas and participate in discussions on digital platforms, which increases their power to influence products and services.691 views -
Possible Solutions to the Environment vs Development Conundrum in India in light of the Judgment of Indian Council for Enviro-legal Action vs Union of India
Student at Dr B.R. Ambedkar University, Delhi, IndiaPages 4122 - 4127India as a developing country faces a constant dilemma amidst the increasing awareness towards environmental concerns between ensuring environmental sustainability while ensuring growth and attempts to strike a balance between environment and development. The judiciary plays a vital role in this process by adjudicating disputes regarding the same and thus through the years have passed various judgements which has led to the inception of various principles. One of the landmark judgments pertaining to this is the judgment of Indian council for enviro-legal action V/s Union of India which showcases the challenges India attempts to address constantly. Therefore this study seeks to provide possible solutions to the Environment V/s Development conundrum in India in light of the case of Indian council for enviro-legal action V/s Union of India.526 views -
A Legal Psychological Study of Eyewitness Error during Criminal Trials
Student at Bharati Vidyapeeth (Deemed to Be) University, New Law College, Pune, IndiaPages 4128 - 4134Eyewitness testimony plays a powerful role in criminal trials, but psychological research has shown that human memory is often unreliable and prone to distortion. This article explores that how cognitive biases, such as memory misattribution and the influence of post-information, can affect the accuracy of eyewitness accounts. It discusses key psychological theories like Bartlett’s reconstructive memory and Schacter’s memory errors, and compares legal practice in India with those of countries like the US and UK. This article also highlights real-life cases, such as wrongful conviction of Ronald Cotton, to show how eyewitness errors can lead to injustice. The aim is to show the urgent need to reform India’s legal approach by integrating psychological insights and adopting better procedural safeguards to make eyewitness testimony more reliable.605 views -
Rule of Law in India: A Critical Evaluation of its Implementation and Impact
LL.M. Student at CMR University, School of Legal Studies, Bengaluru, IndiaPages 4135 - 4146The Rule of Law is the basis for all democratic constitutions, implying nobody, be it an individual, be it an institution, shall be above the Laws of the land and that Laws should operate equivalently for all. The Indian Law of the land embodies this Rule of Law through its Constitution and an independent judiciary. However, the practical implementation of the principle has been far from smooth and is often obstructed by political manipulation, inefficiency of institutions, and social inequalities. This research therefore offers an account of the implementation of the Rule of Law in India and assesses its implications on governance, delivery of justice, and the rights of citizens.1,009 views -
Pages 4147 - 4156Looking at gender rights in sports, it's essential to dig into the current legal rules and social conditions that shape how athletes participate and are categorized in competitions. A key issue is the regulatory challenges that impact gender rights protection, especially as sports organizations wrestle with the evolving understanding of gender identities and biological traits. How gender is regulated in sports has been a source of disagreement, sparking debates about fairness, inclusion, and possible discrimination. Researchers have pointed out that gender bias continues to exist within the bodies that make these rules, which results in inequalities for female athletes and those who don't fit into traditional gender categories. Also, how sex verification standards are used brings up ethical questions about privacy and personal autonomy. Athletes might have to undergo invasive medical tests based on their perceived gender identity Such things spotlight a notable regulatory conundrum, where the aspiration to ensure fair play conflicts with individual's rights to self-identify and participate in sports on an equal footing. From this whole complex issue, it's clear that while there's been progress toward greater inclusion, the regulations protecting athletes' gender rights still have some major gaps. To sum up, the continuing issues with athletes' gender rights in sports, especially when seen through the regulations, shows that we need to re-think the standards and practices that are in use today in competitive settings. As we dive into this subject, we hope to help close the visible gaps in how athletes' gender rights are protected and hopefully shed some light on the regulatory mystery that has stalled progress in this important area for so long.576 views
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Pages 4157-4167A nation like India is undergoing fast-paced industrial growth along with severe environmental challenges. We have to face the duality of development, i.e., pursuing the advancement while also trying to uphold our ecological responsibilities. With the escalation of the concerns relating to climate change and worsening environmental conditions, the promotion of sustainable technologies has gained worldwide importance. nearly half of all patents granted in India from 2016 to 2021 were associated with green technologies, with around 25% specifically focused on alternative energy generation. This trend reflects a broader push to expand green technology adoption as a means to stimulate economic growth and promote consumer preference for sustainably produced goods. Some important examples of green technologies in India are solar energy, wind and hydro power, waste management and recycling, and emission control technologies. One of the crucial ways for progressing eco-friendly innovations is green patenting. However, we face the duality of development, i.e., pursuing the advancement while also trying to uphold our ecological responsibilities. The area faces several challenges like legal inconsistencies, gaps in innovation ecosystem as well as barrier to access, and more. This article will explore the role of green patenting as a catalyst for development of environmental sustainability in India, and further discuss these challenges to finally provide some workable recommendations.955 views
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Pages 4168 - 4183The exponential rise in mobile phone usage has profoundly reshaped crime patterns, facilitating offenses spanning cyber fraud, smishing, coordinated organized crime, and device theft. In India, approximately 70% of cyber fraud cases involves mobile phones , and globally, attackers exploit Bluetooth vulnerabilities, malicious SMS apps, and SIM swap fraud to enable financial crime and identity theft. Concurrently, mobile devices have emerged as vital sources of digital evidence. Forensic teams can retrieve call logs, message histories, GPS tracks, multimedia, and app metadata—and often recover deleted or encrypted content. Mobile device forensics is a rapidly evolving field that includes extracting data from flash memory, SIM and external storage, carrier call detail logs, and even volatile memory using physical dumps or JTAG/chip off techniques. Studies indicate that cell phones are implicated in most violent and drug related crimes, with recoverable evidence found in over 50% of such cases. Despite this importance, mobile forensics faces significant challenges. The rapid evolution of operating systems and new devices requires continuous updates to forensic tools. Proliferating encryption, biometric locks, and frequent data overwrites further complicate evidence retrieval. The fragmented app ecosystem and absence of standard protocols complicate investigations. Even when data is acquired, legal and human factors—such as privacy rights, variable judicial acceptance, and low practitioner awareness—limit its admissibility and use. This study critically examines both sides: mobile phones as enablers of crime and as tools for law enforcement. It synthesizes technical literature, legal frameworks, and case studies—including high profile Indian cases and global mobile forensics initiatives—to underscore trends, limitations, and opportunities. It calls for enhanced public awareness, stronger device security measures, and standardized, legally sound forensic practices. Addressing technological, operational, and legislative hurdles is essential to balance crime prevention with digital privacy in the mobile era.1,167 views
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Pages 4184 - 4201The Chain of Custody plays a pivotal role in the criminal justice process, serving as the foundational mechanism for ensuring the integrity, reliability, and admissibility of evidence presented in court. This research paper provides an in-depth analysis of the legal standards and procedural frameworks that govern the Chain of Custody, with a particular focus on how these structures preserve the authenticity of evidence from the moment it is collected at a crime scene through to its presentation in the courtroom. The study underscores the critical importance of a well-maintained Chain of Custody in upholding the principles of due process and fair trial. Despite the existence of formal protocols, the research highlights numerous practical challenges that frequently undermine the effectiveness of Chain of Custody procedures. Human error, such as inadequate training or carelessness during evidence handling, remains a primary concern. Additionally, lapses in documentation, improper labelling, and substandard storage conditions can compromise the evidentiary value of crucial items. These vulnerabilities not only risk the contamination, alteration, or loss of evidence but can also result in its exclusion from legal proceedings—thereby weakening cases and, in some instances, contributing to miscarriages of justice. To address these shortcomings, the paper explores a range of evolving solutions. Technological innovations—such as digital evidence management systems, blockchain-based tracking, and secure barcode tagging—offer new avenues to enhance transparency, accountability, and traceability throughout the evidentiary process. Moreover, the study emphasizes the need for comprehensive training programs and the development of standardized procedures that can be consistently applied across agencies and jurisdictions. By identifying the systemic weaknesses within existing Chain of Custody frameworks and evaluating both traditional and modern corrective measures, this research contributes valuable insights to the broader field of criminal justice1,363 views
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Recent Developments in Labour Law: Traversing the New Terrain
Student at Bharati Vidyapeeth (Deemed to Be) University, New Law College, Pune, IndiaPages 4202 - 4208This article reports on the transformation of labour laws which are a result of changes in work practices today. We have seen the move to remote work, the growth of the gig economy, and also issues related to mental health and work which are now at the forefront which also require immediate response. In issue is that of worker classification per California’s AB5 which in turn is but a element of a larger scale redefinition of what constitutes employee rights. Also, we see states and legislatures looking at issues like mental health in the context of wrongful termination which is in turn redefining these rights. Also, in the issue of hiring which has seen the introduction of artificial intelligence we see great concern over issues of fairness and discrimination which in turn is prompting a revaluation of the use of these techs in the legal field. Recent the National Labour Relations Board (NLRB) has been putting out decisions which support the right to unionize and to engage in collective action. Also, we see the introduction of wage transparency laws and stronger whistle-blower protection which in turn is to ensure workplace fairness. The article reports on these changes which we put forth to increase stakeout of issues at hand and also to get stakeholders to proactively participate. As labour laws continue to change, they must address new issues at which they present themselves also to which we must see to that they uphold the tenets of fairness and accountability in the modern work place.657 views -
The Romani People: Statelessness, Identity, and the Politics of Diaspora Recognition
Student at National Law School of India University, Bengaluru, IndiaPages 4209 - 4222The Romani (or Roma) people constitute one of the most marginalised and stateless ethnic communities in the world today. Their population is dispersed across Europe, the Americas, and parts of Asia, with linguistic, genetic, and cultural evidence tracing their origins to the Indian subcontinent. This paper explores the historical, legal, and political struggle for a Roma identity and critically assesses the growing discourse surrounding their potential recognition as part of the Indian diaspora. Part I examines the evolution of Romani identity, including their persecution- from centuries of enslavement in Eastern Europe to the genocide during the Holocaust- and the continuing denial of basic rights through statelessness and legal invisibility. Part II analyzes the rise of Romani political consciousness through civil rights movements, claims for non-territorial nationhood, and efforts toward formal identity recognition under international law. It also evaluates proposals for granting EU citizenship as a remedy for statelessness while preserving Romani cultural identity. Part III considers India’s potential role in this discourse by examining past diplomatic gestures and the legal viability of incorporating the Romani within the existing diaspora framework. It interrogates the implications- both empowering and problematic- of such recognition in the current global landscape, including concerns such as political appropriation, cultural assimilation, and international diplomacy. This paper argues that while symbolic recognition could affirm cultural solidarity, formal diaspora inclusion raises complex legal, political, and identity-based challenges. The relationship between India and the Romani must be navigated with nuance, balancing historical connections with present-day realities. In doing so, the paper contributes to broader debates on statelessness, diaspora politics, and evolving concepts of nationhood in international law.1,042 views -
Pages 4223 - 4239The Polluter Pays Principle (PPP) has evolved as a cornerstone of environmental jurisprudence, ensuring that the entities responsible for environmental pollution bear the cost of remediation and mitigation. Originating from the OECD Guidelines of 1972, the principle has been widely incorporated into international environmental governance frameworks, including the Rio Declaration (1992). In India, PPP has gained significant legal recognition through constitutional provisions, statutory laws, and landmark judicial pronouncements. This paper critically examines the evolution, implementation, and challenges of PPP within the Indian legal and policy framework, assessing its effectiveness in addressing environmental degradation.The legal foundation of PPP in India can be traced to the constitutional mandate under Articles 21, 48A, and 51A(g), which emphasize the right to a clean environment, the state’s duty to protect the environment, and citizens’ responsibilities towards environmental conservation. Further, statutory enactments such as the Environment Protection Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981 have incorporated PPP principles through regulatory mechanisms. However, it is through judicial activism that PPP has been firmly established as a fundamental principle of Indian environmental law. The Supreme Court of India and the National Green Tribunal (NGT) have played a pivotal role in shaping and enforcing PPP through landmark judgments.A critical analysis of significant judicial precedents demonstrates the judiciary's approach in interpreting and applying PPP. In Indian Council for Enviro-Legal Action v. Union of India (1996), the Supreme Court explicitly held that polluters must bear the cost of environmental damage. Similarly, in Vellore Citizens Welfare Forum v. Union of India (1996), the Court recognized PPP as an essential component of sustainable development, linking it with the Precautionary Principle and Intergenerational Equity. The Sterlite Industries case (2013) and LG Polymers Gas Leak case (2020) further reinforce the judiciary’s role in imposing liability on polluting industries. The National Green Tribunal (NGT) has also been instrumental in enforcing PPP by levying environmental compensation and directing polluters to undertake restoration measures. To enhance the effectiveness of PPP in India, this paper argues for a more robust enforcement framework, including stricter penalties, transparent assessment mechanisms, and increased public participation. The adoption of market-based instruments such as green taxes, carbon credits, and extended producer responsibility (EPR) schemes can provide an economically viable approach to enforcing PPP. Additionally, learning from international best practices, such as the European Union’s environmental liability regime, can help India refine its approach towards polluter accountability.1,569 views
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Pages 4240 - 4256The Competition Act, 2002, has been the guiding force behind India’s antitrust regime in the 21st century. To tackle the ever-changing nature of the market and its offenses, the Competition Commission of India must regularly interpret the provisions of law in the contemporary context. An analysis of the market, along with judicial decisions, shows that the CCI has been successful in discharging its duties. However, certain aspects are bound to be either left untouched or too complex to determine. One such aspect is “Collective Dominance,” which proposes that completely separate entities can act in a manner that operates independently of competitive constraints. The Indian antitrust regime, however, only acknowledges single-firm dominance, while the rest of the market behaviour is governed through Section 3 of the Competition Act. While these provisions have generally been effective, there have been instances where the market would have benefited from the existence of explicit provisions for regulating collective dominance. This article explores the concept of “Collective Dominance” in the context of the Competition Act, 2002, and its recent amendments, along with administrative comments. The article draws a comparative analysis with foreign jurisdictions to draw upon their experiences and propose adequate suggestions for the Indian context. While giving due regard to the underlying challenges of implementation of such provisions, there exists a proper balance that can be achieved through explicit provisions that help the Indian anti-trust regime.843 views
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Need for Microplastics Regulation in India
Student at Hidayatullah National Law University, Raipur, IndiaPages 4257 - 4264Microplastics are tiny plastic particles found almost everywhere, such as in our air, water, food, and even inside our bodies. They come from various sources, including personal care products, synthetic clothing, and the wear and tear of larger plastic items. These particles are harmful to human health, animals, soil, and oceans. Studies have linked them to serious health risks like cancer, reproductive problems, and damage to vital organs. In India, microplastic pollution is a growing concern, especially with the large use of synthetic textiles and cosmetic products containing microbeads. Although some action has been taken, such as the Bureau of Indian Standards labelling microbeads as unsafe, calling for a ban on its usage, the ban, however, has not been implemented to date. Other countries like the USA, UK, EU, and South Korea have introduced laws to ban or regulate microplastics, which should push for similar action in India. There is need for a strong and detailed legal framework in India that clearly defines microplastics, restricts their use, improves labelling and waste management, and holds industries accountable. In addition to regulation, promoting eco-friendly alternatives like bioplastics and encouraging innovation in recycling can help control the spread of microplastics. A combined effort involving policymakers, industries, scientists, and the public is urgently needed to reduce the environmental and health impacts of microplastics in India.874 views -
Myths, Margins, and Markets: Transgender Rights and Inclusion in the Indian Workforce
Student at Institute of Law, Nirma University, Gujarat, IndiaPages 4265 - 4275Ardhanarishvara, a unique and compelling representation in Hindu mythology, embodies the fusion of divine masculine and feminine energies through the amalgamation of Shiva and Parvati. This depiction transcends traditional gender binaries, symbolizing a state of divine gender fluidity and challenging the conventional hierarchies associated with gender. Despite this ancient cultural symbol of gender fluidity, the reality for transgender individuals in modern India is starkly different. Approximately 78% of transgender people in India do not disclose their identity due to fear of discrimination, particularly in the workplace . Only about 6% of transgender individuals are formally employed, with many being forced into sex work and domestic labor due to limited opportunities and pervasive social stigma Policy measures for the transgender community in India have historically been limited due to the absence of legal recognition of a third gender. Only in 1994 did India’s election commission allowed for the first time to exercise their franchise by including a third category called E (Eunuch). Moreover, the implementation of the Transgender Persons (Protection of Rights) Act, 2019, marks a significant step towards inclusion. Due to this act, transgender individuals have been recognized as the top beneficiaries of the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) scheme. In conclusion, the juxtaposition of the revered symbol of Ardhanarishvara with the current socio-economic challenges faced by transgender individuals in India underscores a complex dynamic. The Transgender Persons (Protection of Rights) Act, 2019, and its provisions are a positive step, yet there remains a need for comprehensive policies and societal change to bridge the gap between ancient ideals and contemporary realities666 views -
Dynamics of the Arbitral Tribunals In India: Examining their Powers, Duties & Institutional Challenges
Student at ICFAI Law School, Hyderabad, IndiaPages 4276 - 4289As the world grows more interconnected, disagreement occur that call for effective and specialised dispute resolution techniques. This report focuses on arbitration, a private process for resolving disputes in which impartial arbitrators often experts in the field make decision. we examine the fundamental dynamics of the arbitral tribunal along with all the various advantaged a party gains while going ahead with arbitration as their dispute resolution mechanism. In India, arbitration proceedings are governed by the Arbitration and Conciliation Act, 1996 and the subsequent amendments. The report begins by defining the nature of arbitral tribunals and discusses their composition and the process for appointment of arbitrators, highlighting both party autonomy and judicial safeguards. It then analyses the extensive powers of arbitrators, such as granting interim measures, appointing experts, ruling on jurisdiction, proceeding ex - parte, and issuing binding arbitral awards. In parallel, it outlines the duties that ensure fairness, impartiality, confidentiality, procedural autonomy, and the integrity of the arbitral process. A critical part of the report addresses the institutional challenges that continue to undermine the growth of arbitration in India. Finally, the report offers actionable recommendations In doing so, it aims to contribute to the evolving discourse on alternative dispute resolution and support India’s ambition to become a global hub for arbitration.707 views -
Pages 4290 - 4307This study basically looks at the part of corporate governance (CG) in merger and acquisition (M&A) activities, with a particular centre on the regulatory framework built up by the Competition Act (CA). The CA aims to advance reasonable competition, avoid anti-competitive practices, and ensure that M&A exchanges don't hurt market dynamics or customer welfare. It investigates the challenges faced by organizations in adjusting their governance practices with the objectives of the competition law, including the need to adjust corporate development with competitive fairness. The study also investigates how weak governance structures can lead to unethical practices, such as monopolistic behaviour or the exploitation of market power, which weaken the standards of the CA. By cultivating ethical decision-making, risk management and stakeholder trust, robust governance practices can contribute to the long-term victory of M&A activities while guaranteeing compliance with competition laws.659 views
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Pages 4308 - 4331India's startup ecosystem has expanded remarkably throughout the past decade after strong government backing and new innovations together with entrepreneurial passion. The success and effective competition of startups depends on a business environment which stays free from monopolistic activities and unfair practices. The Competition Act of 2002 stands as a primary competition law that creates an inclusive business marketplace through its mandates for equal competition and anti-competitive practice discouragement and innovative progress support. This document investigates how competition laws strengthen Indian startups through their essential capability to stop companies from controlling markets while simultaneously stimulating balanced market competition and equal opportunities. The study investigates Competition Act provisions which the Competition Commission of India (CCI) enforces to minimize startup difficulties such as unfair competition as well as entry barriers and resource availability issues. Cases from e-commerce and ride-hailing provide practical illustrations through which the paper demonstrates how competition laws work in real-world sectors. The paper concludes that effectively enforced competition policies are essential for Indian startups to thrive in a competitive environment which supports market innovation.763 views
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Pages 4332 - 4345In India, One Nation One Election generally means holding elections of the Lok Sabha and all the state legislative assemblies at the same time throughout India. The main purpose behind this idea is to enhance administrative efficiency, cut down election management costs, and stop frequent elections from happening very often. This idea may seem to be very practical on the surface, but it brings a lot of constitutional and legal challenges. The main concerns are the effect on the Federal structure of India, Representative Democracy and Free and fair elections. This paper focuses on the constitutional provisions relating to the dissolution and duration of the legislatures, specifically Article 83, 85, 172, and 174 of the Indian Constitution, and examines what sort of amendments are required to make simultaneous elections legally and constitutionally viable. It also examines whether this idea stands up to the basic structure doctrine, especially to federalism and Democratic governance as articulated in the landmark judgement of Kesavananda Bharati v. State of Kerala and S.R. Bomai v. Union of India. This paper also focuses on how this system functions in democratic countries globally to check whether this idea would realistically and practically work in India. Finally, this study finds that while this idea could bring a lot of advantages regarding time, money, and efficiency, its implementation must be handled with care. Proper respect must be given to constitutional limits, and must make sure that the democratic ethos of our country is not compromised. A phased and carefully regulated framework is essential to synchronise elections without compromising on the principles of federalism and representative democracy.1,509 views
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Pages 4346 - 4366Geographical Indications (GIs) serve as powerful tools for preserving regional identities, fostering economic growth, and ensuring product authenticity. This paper undertakes a comparative analysis of India’s GI framework in relation to the systems in the United Kingdom, the European Union, and Japan. By examining legal structures, registration processes, enforcement mechanisms, and economic impacts, the study identifies key strengths and challenges within each framework. India’s approach is evaluated against international best practices to assess its effectiveness in protecting indigenous knowledge, artisanal heritage, and agricultural diversity. The research also explores how global trade agreements and intellectual property regulations shape the GI landscape, influencing market access and economic sustainability. Through this comparative lens, the study aims to offer insights into policy improvements, international collaborations, and the evolving role of GIs in a globalized economy.818 views
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A Critical Analysis of the Constitutional Mandate of Environmental Protection: Affirming Environmental Sustainability in India
Assistant Professor at Gujarat National Law University, Gandhinagar, Gujarat, IndiaPages 4367 - 4386The Indian commitment of bringing appropriate measures for environmental protection after Stockholm Conference, 1972 is performed through the 42nd Constitutional Amendment Act, 1976 whereby Article 48-A and Part IV-A (Fundamental Duties) were introduced mentioning environment directly under the Constitution of India. However, even before this amendment the notion of environmental protection was very much embedded in the Indian Constitution indirectly. It was recognized through the notion of being a social welfare state. The Supreme Court of India, through various landmark judgments clarified that the environmental protection is existing within the ambit of various protections afforded through fundamental rights, more specifically the right to life, right to equality, freedom of expression and speech etc. Further, the Supreme Court held on many occasion that it is imperative on State to bring such measure through its policy so that the environmental protection could be achieved as per the mandate provided under the Directive Principle of State Policy. However, after the amendment things has been mentioned more clearly and even fundamental duties in this regard has been imposed on the citizen as well. This article will analyse some of the important judgments through which the Supreme Court of India explores the obligation of environmental protection implicit within the Constitution of India and pronounced various measures for the protection, preservation and restoration of environment so that India could progress in the direction of achieving the global goal of environmental sustainability.946 views -
Pages 4387 - 4397This paper analyses the changing role of the international committee of the International committee Red Cross (ICRC) in modern international armed conflicts. As the protector and advocate of international humanitarian law (IHL), the ICRC holds a distinctive position of neutrality, impartiality, and independence. In a time characterized by hybrid warfare, non-state actors, urban combat and prolonged crises, the challenges confronting the ICRC have become more substantial. The study examines the ICRC's approach to navigating intricate geopolitical landscapes, enabling it to deliver humanitarian aid, facilitate prisoner exchanges, ensure compliance with the Geneva conventions, and advocate for the safety of both civilians and combatants who are not actively engaged in combat. It emphasizes the organization's diplomatic interactions with both government entities and non-governmental organizations, as well as its commitment to upholding humanitarian values in the face of violations and politicization. Drawing from recent conflicts in Syria, Ukraine, Yemen, and Gaza, the research highlights the ICRC's ability to adapt, its limitations, and areas for improvement. The paper also discusses criticisms related to restricted access, accountability issues, and the delicate balance between confidentiality and advocacy. Ultimately, this study emphasizes the crucial role of the ICRC while advocating for enhanced international collaboration, robust legal enforcement mechanisms, and increased support for humanitarian norms in the face of increasingly complex and brutal armed conflicts.645 views
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The Role of Article 143 in Resolving Constitutional Ambiguities: A Case Study of President Murmu’s Reference on Bill Assent Timelines
Research Scholar at Department of Law, Babasaheb Bhimrao Ambedkar University, Lucknow, UP, IndiaPages 4398 - 4409This research paper explores Article 143 of the Indian Constitution as a mechanism for resolving constitutional ambiguities, focusing on President Droupadi Murmu's May 2025 reference on bill assent timelines. Article 143 enables the President to seek the Supreme Court's non-binding advisory opinion on matters of public importance, offering a non-adversarial approach to clarify legal uncertainties. The paper examines this provision through the Tamil Nadu dispute. Governor R.N. Ravi's delays in assenting to 10 state bills led to the Supreme Court's ruling in the State of Tamil Nadu v. Governor of Tamil Nadu in April 2025. Invoking Article 142, the Court deemed the bills assented and imposed a three-month timeline for Presidential action, sparking debates over judicial overreach. President Murmu's reference, with 14 questions, probes the constitutionality of these timelines, the concept of deemed assent, and gubernatorial discretion under Articles 200 and 201. The paper traces Article 143's historical roots to the Government of India Act, 1935, and its use in cases like In Re: Delhi Laws Act (1951), highlighting its role in addressing federal and legislative ambiguities. It analyzes the legal framework of Articles 200, 201, and 142, noting the absence of timelines as a source of conflict. Comparative insights from Canada, Australia, and the United Kingdom emphasize constitutional conventions to streamline assent, suggesting reforms for India. While Article 143 fosters cooperative dialogue, its non-binding nature limits its impact. The paper recommends amending Articles 200 and 201 to codify timelines and establish conventions to enhance federal harmony and legislative efficiency in India's democracy.2,716 views -
Digital Sequence Information and India’s ABS Framework: Legal Challenges and Opportunities
Research Scholar at Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh, IndiaPages 4410 - 4418Digital Sequence Information (DSI) has emerged as a pivotal issue in global biodiversity governance, reshaping the discourse on Access and Benefit Sharing under the Convention on Biological Diversity and its Nagoya Protocol. In India, the Biological Diversity Act, 2002, amended in 2023, along with the Biological Diversity Rules, 2024, and the newly notified Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Benefit Sharing) Regulations, 2025 (ABS Regulations, 2025), explicitly include DSI within the scope of ABS governance. This article explores the legal challenges and opportunities presented by integrating DSI into India's ABS framework. It examines the ambiguities surrounding DSI's definition, the implications of its regulation for Indigenous and Local Communities (ILCs), and the tension between equitable benefit sharing and commercial interests. Through an analysis of the ABS Regulations, 2025, and relevant case law, such as Divya Pharmacy v. Union of India and PepsiCo India, the article argues that while India’s proactive inclusion of DSI offers opportunities to lead global ABS practices, significant challenges such as inadequate community participation, regulatory overreach, and enforcement gaps threaten to undermine its efficacy. The article proposes reforms to align India’s framework with international obligations and ensure fair benefit sharing for ILCs.938 views -
ESG is the new norm, and it is not new to be vouching for its integration, but the gap between commitment to do so and compliance to abide by it needs to be restructured. This research discusses the vital importance of legal change in converting green commitments into corporate obligations in order to construct an environment-friendly economy. Its quest for reaching the status of a global economic superpower is directly related to its capability to embrace Environmental, Social, and Governance (ESG) principles. This paper specifically examines the lacunae in the current laws, like the Environment (Protection) Act, 1986, Companies Act, 2013, and Energy Conservation Act, 2001, to address the problems with ESG guidelines. It identifies their obsolete prescriptions, feeble mechanisms for enforcement, weak penalties, and lack of public input as barriers to fulfilling environmental aims. It claims that rule of law-based procedures, as opposed to self-regulation, result in a more sound and consistent strategy of sustainable development. Citing examples of global best practices — including those espoused by the EU Green Deal, UN PRI and ASX ESG mandate- it makes the case for the country to conform to international norms for its regulatory environment. According to this perspective, the study shows that a profit-first approach to corporate governance, low incentives, and transparency problems all contribute to ineffective ESG compliance. It emphasizes how tax advantages, governance integration, and required reporting can all be addressed by legal reforms to encourage sustainable business practices. As a step towards accountability and transparency, the paper's conclusion examines recent regulatory developments, specifically SEBI's framework for ESG rating providers. In order for India to achieve the goal of "Viksit Bharat," it urges the swift adoption of a legal ecosystem that connects commitment and compliance. The nation can become a globally competitive, ecologically conscious economy by incorporating ESG into legally binding requirements, turning it from a performative pledge into a quantifiable, legally binding route to sustainable development.770 views
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Space Mining and International Law
Student at Delhi Metropolitan Education, affiliated to Guru Gobind Singh Indraprastha University, Delhi, IndiaPages 4432 - 4441The increasing interest in space mining, fueled by technological progress and the presence of high-value resources on celestial bodies, has outpaced the development of a complete international legal framework. This paper discusses the current state of international space law with regard to space mining, with special focus on the Outer Space Treaty (OST) of 1967, the Moon Agreement of 1979 , and national space law of states like the United States and Luxembourg. The paper discusses the legal uncertainty of resource exploitation, property rights, and non-appropriation principles, and the tensions between unilateral measures taken by states and the need for a harmonized international regime. The paper promotes the implementation of a soft law, inspired by the practice of terrestrial mining and international cooperation paradigms, to ensure fair and sustainable regulation of space resources. The paper acknowledges the need for international cooperation to prevent conflicts and ensure peaceful uses of resources in outer space.Small countries like Luxembourg are actively pushing space mining law, attracting corporations with legal and financial incentives. Nauru's role in deep seabed mining under UNCLOS has analogues, raising questions about equity and distribution of benefits. Domestic legislation, like the U.S. Commercial Space Launch Competitiveness Act and Luxembourg's 2017 law , allow private companies to own extracted resources, which would be contrary to existing international norms.945 views -
Pages 4442 - 4459Despite progressive legal advancements such as the NALSA judgment (2014) and the Transgender Persons (Protection of Rights) Act, 2019, the lived realities of transgender individuals in India—particularly in the field of education—remain precarious and marginalized. This paper undertakes a comparative, state-wise analysis of transgender education policies across select Indian states, highlighting both progressive and regressive practices. Special attention is paid to Tamil Nadu and Kerala, recognized for pioneering welfare models, juxtaposed against northern states like Uttar Pradesh and Bihar that exhibit policy inertia. The study further investigates the gap between law and implementation, drawing on budgetary allocations, inclusivity metrics, and the presence or absence of grievance redressal mechanisms. Finally, it evaluates the National Education Policy 2020 through a transgender-inclusive lens, identifying critical gaps and proposing reforms. The findings underscore the urgent need for cohesive, accountable, and inclusive policy action at both state and national levels to ensure educational equity for transgender individuals.814 views
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Article 143 and the Judicial Dilemma: Reappraising the Power of Presidential Reference in a Fragmented Federalism
Student at Dr. B.R. Ambedkar National Law University, Sonepat, Haryana, IndiaPages 4460 - 4475This paper critically assesses the recent Presidential Reference under Article 143 of the Constitution of India, subsequent to the landmark judgement of the Supreme Court in State of Tamil Nadu v. Governor of Tamil Nadu (2025), dealing with the gubernatorial powers under Article 200 and 201 of the Indian Constitution. The recent reference reignited debates around the Supreme Court’s advisory jurisdiction under Article 143 and its transforming role in upholding the constitutional principles of democratic governance and neutrality of the judicial forum. The paper provides an extensive historical and comparative analysis of the power of reference as provided under Article 143 of the Indian Constitution. Through critical analysis of the judicial precedents and prior advisory opinions, the paper examines the advisory and non-binding character of the opinion rendered under Article 143(1). It emphasizes the role of such advisory opinions in influencing significant legal developments in India, despite lacking formal binding authority under Article 141 and only carrying a persuasive value. The paper questions the use of Article 143 as a tool to reintroduce political conflicts as constitutional questions or delay the implementation of judicial decisions, undermining the doctrine of separation of powers and judicial neutrality. While Article 143 may be invoked to promote inter-institutional dialogue on crucial issues and seeking clarification, the author contends that it can be used by the executive for political purposes. The author proposes several procedural and regulatory safeguards to restrict politically inspired references and signifies the requirement for the Supreme Court to provide clear guidelines relating to the precedential value of these opinions. Finally, the paper advocates for a limited and legitimate invocation of Article 143 for preserving its significance as a legal tool for resolving issues of public importance.1,126 views -
Pages 4476 - 4489Mediation has become a crucial method for settling family disputes in India, providing an alternative to confrontational litigation by prioritizing mutual agreement, secrecy, and the preservation of long-term relationships. This article offers an exhaustive examination of the legal framework regulating mediation in family conflicts in India, investigating statutory provisions, pertinent case law, and the operation of mediation procedures across several levels. The legal foundation for mediation in India is established in various statutes, notably Section 89 of the Code of Civil Procedure, 1908, the Family Courts Act, 1984, and the Legal Services Authorities Act, 1987. The Mediation Rules established by numerous High Courts and the Supreme Court have formalized mediation processes throughout the court. The recent enactment of the Mediation Act, 2023, establishes a defined and uniform framework to govern mediation procedures, offering legislative recognition, enforceability of settlement agreements, and clarity regarding mediator qualifications. The document analyses the judicial perspective that has persistently advocated for mediation in familial issues, emphasizing significant rulings such as K. Srinivas Rao v. D.A. Deepa and Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. These rulings demonstrate the courts' dedication to fostering amicable resolutions in divorce, custody, and maintenance conflicts. The study examines the function of court-annexed mediation centers, Lok Adalats, and mediation services in promoting dispute resolution. It examines practical obstacles including insufficient awareness, limited infrastructure, and opposition from legal professionals, while proposing improvements to enhance the mediation culture. This article highlights the transformative potential of mediation in providing accessible, efficient, and humane justice in family conflicts through an analysis of the interplay of laws, precedents, and mediation initiatives. It culminates with suggestions for improving institutional capacity, mediator training, and public awareness to cultivate a strong mediation ecosystem in India.1,329 views
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Pages 4490 - 4502This Article explores the indigenous governance systems that have historically shaped fisheries management in Kerala, India. Drawing upon traditional knowledge and practices, this Article examines how local communities, particularly fishing villages, have developed sustainable methods for managing marine resources. It highlights the role of community-based governance structures, such as the Panchayat system, local councils, and informal networks, in maintaining ecological balance and ensuring the resilience of fisheries.572 views
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The German Influence on India’s Basic Structure Doctrine: A Study of Constitutional Guardianship
Advocate in IndiaPages 4503 - 4507The article examines how the evolution of India's basic structure doctrine was influenced by German constitutional philosophy in the early 20th century, specifically the discussions around constitutional guardianship. It looks at the conceptual frameworks developed by German jurists such as Hermann Heller and Carl Schmitt, which subsequently influenced Indian constitutional discourse. The paper examines how the judiciary accepted and modified these concepts to protect the fundamental principles of the Constitution by examining significant rulings from the Indian Supreme Court, particularly the Kesavananda Bharati case. The analysis emphasizes how crucial the fundamental structure doctrine is in order to uphold India's constitutional framework's democratic legitimacy and balance of power.933 views -
Domestic violence against women in India is an issue entrenched in societal norms and economic dependency. Feminine fatalism, domestic violence, sexual harassment, and other manifestations of gender-based violence are tangible realities. Domestic violence adversely impacts the physical and psychological health of abused women, as well as that of their children. Although women's participation in public life is on the rise and legal reforms are occurring, India remains singular in its challenges. Indian women have a considerable journey ahead to attain equality as citizens in their nation. A significant number of women experience violence in our society. Intimate partners endure their suffering in silence. In certain instances, domestic violence results in the fatalities of these women. This paper is presumed to address the meaning, causes, types, and consequences of domestic violence. Furthermore, the paper elucidates strategies to mitigate this threat to women and delineates their role. It is conducted by social workers, professionals, and various voluntary organizations to deliver interventions to impacted individuals. Ultimately, recommendations were proposed to eliminate domestic violence from society.570 views
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Is Undergraduate Education the Backbone of India’s Economic Growth?
Assistant Professor at IFIM Law School, IndiaPages 4519 - 4524Education is vital to a nation’s economic growth as it constitutes an investment in human capital development. Undergraduate education, which is the first level of higher education, equips students with critical thinking and skills, preparing them as catalysts for sustainable economic growth. The National Education Policy (NEP) 2020 emphasizes the significance of undergraduate education in promoting economic and societal development. It aims at holistic and multidisciplinary approach to education, incorporating critical thinking, problem-solving, and creative skills into the curriculum. Despite its contributions, the undergraduate education system faces challenges in terms of access and quality, skill mismatch, underinvestment in education etc. that limit its potential. This paper analyses how India’s undergraduate education system is foundational to its ambitions of becoming a global economic leader. It provides suggestions to address existing challenges so that undergraduate education can emerge as the backbone of India’s economic growth.523 views -
This paper explores how drug trafficking and terrorism have become interconnected across the globe. It traces the historical development of this connection, commonly referred to as narco-terrorism, from its roots in colonial trade to its modern entanglement with insurgent groups and organized crime. By examining case studies from Colombia, Afghanistan, Mexico, and India, the research outlines the social, political, and economic conditions that allow narco-terrorism to persist. It also evaluates the effectiveness of global enforcement efforts and proposes alternative strategies, such as decriminalization and development, as essential components of a more holistic response.862 views
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Beyond the Best Interests: Embedding the Child’s Voice in India’s Mediation Landscape
Student at Symbiosis Law School, Pune, IndiaPages 4544 - 4565Family law mediation is commonly used throughout India, yet its present structure centers mainly on adults while keeping children and their interests out of the resolution process. Indian legal systems uphold the “best interests of the child” principle as established law, yet the implementation of this doctrine in mediation conflicts remains nominal and does not involve child participation. This document evaluates the distinction between judicial statements and practical mediation procedures by advocating for direct child input during institutional processes. The study is driven by three core questions to evaluate how the Indian legal system supports children's viewpoints during family dispute settlement procedures. The paper analyzes if the Mediation Act of 2023, as well as other existing legal provisions, provide sufficient support for child-inclusive mediation approaches. The research examines Indian legal frameworks by reviewing “K. Srinivas Rao v. D.A. Deepa” and “Perry Kansagra v. Smriti Madan Kansagra” and “Mohan Kumar Rayana v. Komal Mohan Rayana” alongside other case law. The analysis of practical child voice exclusion and its outcomes uses the case of “Mohan Kumar Rayana v. Komal Mohan Rayana”. Through a doctrinal and comparative research method, the paper analyzes legal texts along with court decisions, as well as international agreements and international best practices. The Mediation Act 2023 lacks child protection features, while insufficient accredited counsellor knowledge, limited resources, and negative community attitudes form major obstacles for child participation. This paper recommends reforming Indian mediation practices according to institutional child representation frameworks from South Africa, coupled with capacity development programs, legislative modifications, and cultural awareness programs. The research establishes a strong normative structure through its proposed mediation framework for India because it demonstrates that child inclusion becomes necessary for achieving genuine judicial solutions throughout family law cases.683 views -
Recovery of Maintenance under Section 125 CrPC via Levy Warrant: A Complex Maze of Legal Language
Assistant Professor at Amity Law School, Raipur, Chhattisgarh, IndiaPages 4566 - 4572Under Section 125 of The Code of Criminal Procedure,1973 (CrPC) obligation is casted on a person to provide maintenance to his wife and his/her parents who are unable to maintain themselves. A person also has an obligation to maintain his/her minor child who are physically or mentally disabled till they reach the age of majority. Further, a person is also obliged to maintain his legitimate and illegitimate child under this section. Section 125 of CrPC, was enacted to provide speedy remedy to the person entitled for maintenance. Therefore, the section also provides that interim maintenance may be granted by the court till the issue of maintenance is not decided on merit. The court can issue a warrant for levying the amount due against any person who has been ordered to pay maintenance. If the warrant is unsuccessful then the court may send the person in default to imprisonment of one month. Such warrant can be issued for each month’s default. However, application should be made to the Court to levy such amount within a period of one year from the date on which it became due. It means that application for levy warrant to the court can only be made of any arears of amount pending one year before the application. This limitation is contained in the first proviso of section 125(3) of CrPC. It is this interpretation of this proviso where often courts have made an error. Courts have at times misinterpreted this proviso. They have issued a levy warrant for recovery of arrears of amount due for more than one year prior to the date of recovery application. This paper is an attempt to find out the correct interpretation of the said proviso on the basis of various High Court and Supreme Court precedent. For the sake of convenience, this research paper is divided into three parts. The first part highlights the problem of issuance of levy Warrant for recovery of maintenance. Next part deals with the law on issuance of levy warrant for recovery of maintenance and also highlights the meaning and interpretation of the phrase “Date on Which Maintenance Amount Becomes Due’. The third part analyses the Judicial Interpretation of the Law on Issue of Levy Warrant for Recovery of Maintenance and last part provides the conclusions and makes suggestion.8,933 views -
A Critical Study on the Influences of Socioeconomic Status on Crime Rates and Criminal Behaviour
Student at Saveetha School of Law, IndiaPages 4573 - 4601This research delves into how economic status impacts an individual's behavior. In this case, it focuses on how economic inequalities shape criminal propensity. Socioeconomic status can be referred to as the standard of life in which an individual experiences based on factors like income, education, occupation, and available resources. Altogether, these comprise the economic situation faced by individuals. The research aims to illustrate how status differences lead to variability among communities and population groups with respect to the crime rates encountered. A mixed method approach will be utilized in this study, where crime data analysis will be supported with insights from interviews and case studies. One of the facets of scrutiny that will be given at the forefront is how poverty, income inequality, and joblessness contribute to the type of crimes committed in such communities. It further analyzes how low SES increases stress levels, limits access to avenues of success, and has people exposed to more environments to criminal activities thereby increasing the possibility of illegal behavior. Other theories are also considered that provide an explanation of the behavior. These theories are as follows: Strain Theory- This theory proposes that people commit crimes when they are prevented or unable to achieve social goals. Social Disorganization Theory- This theory proposes that rates increase when there is a structural change within society, especially within poor neighborhoods. The study will search to understand and will execute the policy from action by going to address the socio-factors that cause crimes. The aim is to address the root cause, for action aimed at supporting crime prevention strategies and projects advocating social justice.870 views -
Tribal Land Rights in India: Response of the Judiciary in Constitutional and Legal Perspectives
Student at Saveetha School of Law, IndiaPages 4602 - 4629Tribal rights to land in India are an extremely important issue and have long been intermeshed into the socio-economic and cultural fabric of tribal societies. Indian judicial pronouncements have been crucial in interpreting constitutional provisions and special legislation, such as the Fifth Schedule and the Forest Rights Act, 2006, in order to protect these rights. The research focuses on analysing the response of the judiciary in protecting tribal land rights, especially in cases of conflicts with development projects and the role of judicial interventions in enhancing tribal access to and control over natural resources. This research study has the main objective of critically evaluating judicial decisions and their implications for tribal land rights protection under the Fifth Schedule, the resolution of tribal land rights versus development conflicts, and the strengthening of access of the tribe to natural resources. The empirical methodology is employed in gathering data through the analysis of case law reports, interviews with legal experts and tribal community representatives, and field surveys. Key findings Conclusions indicate that, although the judiciary has made great strides in terms of its protection of tribal land rights, the implementation of judicial decisions calls for improvement and the uneasy balance between development and the protection of tribal rights. Moreover, mixed results have emerged from judicial interventions in strengthening tribal access to natural resources because of political and bureaucratic hurdles.905 views -
Pages 4630 - 4651The landscape of aviation liability and victim compensation in India is characterized by a complex interplay of international conventions and domestic legal frameworks. This article provides a jurisprudential review, analyzing the evolution from limited carrier liability to a system emphasizing strict and potentially unlimited accountability, largely driven by the Montreal Convention of 1999 and its integration into Indian law. Recent Air India tragedies, such as the Ahmedabad Flight 171 crash in 2025, have brought renewed scrutiny to compensation mechanisms, highlighting both the significant financial implications for airlines and their insurers and the persistent challenges faced by victims' families in securing equitable redress. Judicial precedents in India have played a pivotal role in enhancing compensation standards, often pushing payouts beyond initial airline offers. Despite these advancements, complexities arising from multi-jurisdictional claims, the arduous process of proving negligence, and disparities in compensation for different victim categories underscore the continuous need for refinement in legal and regulatory frameworks to ensure timely and just compensation.888 views
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The Women Reservation Act 2023: The Skywalk of Equality
Student at Narsee Monjee Institute of Management Studies, IndiaPages 4652 - 4660The Women’s Reservation Bill, 2023 marks a historic step towards gender equality in Indian politics by providing 33% reservation for women in the Lok Sabha and state legislative assemblies. The bill aims to ensure greater representation of women in decision-making roles and bridge the gender gap in political participation. Despite being a long-pending demand, its implementation is tied to the completion of delimitation and the census, raising concerns about further delays. This paper critically analyzes the key provisions, political implications, and the challenges surrounding its execution, while also exploring its potential to reshape India’s democratic and social landscape.514 views -
Global Perspectives on Medico-Legal Investigations of Death Bridging Forensic Science and Legal Frameworks
Assistant Professor at Maharashtra National Law University, Nagpur, IndiaPages 4661 - 4678Medico-legal death investigations form a critical interface between forensic science and legal systems, providing essential insights into the cause, manner, and circumstances of death. This paper explores the global landscape of medico-legal death investigations, emphasizing the integration of scientific techniques with legal procedures across diverse jurisdictions. Drawing on case studies from the United States, the United Kingdom, Germany, Australia, and India, it provides a comparative analysis of the legal frameworks, expert witness roles, and forensic methodologies employed in each country. The paper also reviews the influence of key international conventions, including the Minnesota Protocol, Istanbul Protocol, and guidelines issued by the World Health Organization and the International Committee of the Red Cross, which collectively shape global standards in medico-legal practice. In addition to highlighting advanced forensic techniques such as post-mortem imaging, toxicological analysis, and DNA profiling, the study also addresses persistent challenges including infrastructural limitations, discrepancies in expert witness standards, and the lack of uniform procedures. The paper underscores the pressing need for international cooperation and harmonization of medico-legal procedures to ensure consistency, transparency, and scientific reliability, especially in cases involving cross-border crimes, mass disasters, or violations of human rights. Through this comprehensive analysis, the research contributes to a deeper understanding of how forensic science can be more effectively leveraged within legal systems to uphold justice, human dignity, and public health across different socio-legal contexts. Ultimately, the study calls for sustained global dialogue and policy reform to strengthen medico-legal death investigations as a pillar of both national and international justice systems.759 views -
Uncovering the Psychological Hegemony Behind Communal Violence: A Strategical Deployment of ‘Disinformation’ by the Media
Advocate at Allahabad High Court, IndiaPages 4679 - 4692The ever- increasing pervasiveness of misinformation and disinformation by the third pillar of democracy, amidst the widely celebrated heterogeneity of the citizens in India, is having an extremely adverse impact upon the social order of the nation. This frequent deployment of disinformation is rampantly triggering violence amongst various communities and is fatal to the peaceful existence of the nation. The lacking authenticity and responsibility of this organ, which is otherwise required to be the most responsible, is forcing a hollow damage in shaping the minds of the individuals. Media as a tool, having the responsibility of bridging the gap between the society and the individuals by uncovering the facts for a conscious and informed mind-shaping of the citizens is today highlighting specific aspects perpetuating the division of communities upon the communal lines. Purposeful construction of images over sensitive issues of religion and casteism not only promotes communal riots but also foments bigotry and targeted hatred against the intended specifics. Tender minds, youth and uneducated are highly receptive to this media distortion. Media today is failing to balance transparency, participation, and accountability by deliberate sensationalism and diversionary tactics under favourable opportunities, which can infest and trigger communal conflagration and is playing a heavy role in exacerbating tensions in the community.452 views -
Pages 4693 - 4707Cyberterrorism poses an increasingly complex threat at the intersection of national security, law, and technology. It is defined as the politically motivated use of cyberspace to inflict harm or create widespread fear and has gained global prominence due to the proliferation of digital infrastructure and the ease with which non-state actors can exploit cyberspace. This paper critically examines the legal and institutional frameworks addressing cyberterrorism, with a particular focus on the challenges posed by its cross-border nature, the anonymity of attackers, and the limitations of current investigative mechanisms. It analyses key international legal instruments including the Budapest Convention on Cybercrime, European Union directives, and United Nations resolutions, highlighting their scope and limitations in combating cyberterrorism. The paper scrutinizes India’s domestic legal regime, particularly Section 66F of the Information Technology Act, as well as institutional mechanisms like the National Investigation Agency and the Indian Cyber Crime Coordination Centre (I4C). It explores why India has refrained from joining the Budapest Convention and evaluates India’s reliance on Mutual Legal Assistance Treaties (MLATs) and emerging bilateral agreements for international cooperation. The study also assesses how counter-cyberterrorism efforts may affect fundamental rights such as privacy, freedom of speech, and due process, urging for a balanced legal approach. Drawing on recent incidents and policy developments, the paper concludes with recommendations for enhancing India’s legal and institutional responses while fostering international collaboration and protecting constitutional freedoms. The analysis is grounded in current data, legal provisions, and global best practices, offering a comprehensive framework to understand and address the evolving threat of cyberterrorism.921 views
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Pages 4708 - 4718In developing economies like India, competition law enables fair markets and supporting long-term economic stability. These laws are especially important in ensuring new and smaller businesses have a fair market at early stages without being thrown out by monopolistic giants or unfair trade practices. India’s competition framework has its roots in two major laws the Monopolistic and Restrictive Trade Practices Act of 1969 and the recent Competition Act of 2002. These repealed and Newly Enacted laws laid the groundwork for a modern approach to regulate market power and ensured an equal market, Over the years, several cases have helped to define what constitutes abuse of dominance in the Indian context. Which have brought much-needed clarity to the enforcement of these laws. Those cases were examined by the Competition Commission of India (CCI) and, in some instances, reviewed by the Competition Appellate Tribunal, illustrating the legal process involved in addressing anti-competitive conduct. This article looks at the evolution of India’s competition policy, highlights landmark decisions, and explains how abuse of dominance is investigated and adjudicated under current Indian law773 views
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Pages 4719 - 4737Manual scavenging is a practice where humans are made to clean other humans’ waste and excreta. It is the most violent form of caste abuse in today’s time. Before delving into the inhumane socio-economic conditions which consistently plague the lives of manual scavengers, it is important to understand the definition of the term “manual scavengers” as provided under The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The Authors argue that the definition provided in the Act has various loopholes. It is extremely restricted in its ambit, thereby excluding many workers involved in this practice, due to its flawed interpretation. In essence, it does not include the people who handle human waste with proper safety gear, without elaborating on the term “safety gear”. It also excludes people who manually clean the dead & rotting animals, abandoned dead bodies or medical waste, which often also carries human waste in various forms. Historically, manual scavenging is a social wrong which has been prevalent since times immemorial and often delegated to the lower castes due their low placing in the caste hierarchy. Despite the evolution of human rights in 19th century, it was only in 1993 that a legislation prohibiting manual scavenging was passed in India, followed by the new Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 with elaborated definitions and punishments. However, this inhumane practice of manual scavenging is still prevalent in India due to the loopholes in the present legislations. The practice is beneath the dignity of any individual and deprives them of their basic human rights, putting a large section of the society on the fringes of the society to be neglected and looked down upon. The nexus between manual scavenging as the default occupation for few particular castes/sections of society needs to be looked into. The existing legislation is lacking and the ground reality is quite different than envisioned. Therefore, according to Authors, the problems of the inhumane working conditions, the gender bias and the caste nexus need to be deeply studied and analysed to provide workable socio- legal solutions.785 views
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Pages 4738 - 4755Bioterrorism is a developing security threat; it is a deliberate use of pathogenic microbes or toxins to harm, terrorize, or use it as a political weapon. This study reviews the modern state of the threat of bioterrorism based on the systematic review of the case studies, international law, and new technological weaknesses. It compares policy by utilizing comparative policy analysis and interviewing experts working in the field of biosecurity in twelve countries to assess the effectiveness of current multilateral agreements, specifically the 1975 Biological and Toxin Weapons Convention (BTWC) in dealing with non-state actor threat. Although the BTWC contains a ban on development, production, and stockpiling of biological weapons, it does not have strong verification features and practices of enforcement. The examples of such regulatory gaps in history such as the anthrax letter attacks in the United States in 2001 and the bioweapon development programs of the Aum Shinrikyo cult in Japan demonstrate the potential that the various regulatory gaps have to be used by non-state actors. It cites three major weaknesses to include ineffective control of dual-use research, low international practice of sharing information and poor practice within states of meeting treaty requirements. The framework has three main pillars, namely: reinforced domestic laws (that would obligate states to criminalize bioweapon-related activities through national law); setting up an International Biosecurity Verification Agency with the force of verification and reporting requirements on an annual basis; and enhanced systems of multilateral cooperation (the dynamics of which would include the creation of standard procedures of threat assessment as well as rapid response coordination systems). Findings of the study reveal that bioterrorism prevention cannot be complete without bringing in traditional security methods and incorporating public health preparedness and the scientific community. The suggested framework deals with the problem of implementation by creating gradual adoptive guidelines and capacity development of developing countries. The study can be of interest to the body of knowledge on biosecurity as a consequence of it proposing policy suggestions based on sound empirical evidence and mediating between the mutually inconsistent requirements of security-driven and nature of scientific freedom and international cooperation.1,333 views
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Pages 4756 - 4766As Artificial Intelligence (AI) becomes the invisible engine behind modern economies, its environmental footprint remains disturbingly opaque. While conversations around AI ethics have largely centered on data privacy, algorithmic bias, and transparency, an equally urgent question looms large but largely unaddressed: what is the carbon cost of intelligence at scale? Behind every large language model, image generator, and recommendation algorithm lies an energy-intensive architecture of data centers and high-performance computing systems, producing vast amounts of carbon emissions—often without public disclosure, legal scrutiny, or environmental accountability. This research paper investigates the critical gap in corporate environmental accountability frameworks with respect to AI-specific carbon emissions. While environmental disclosure norms exist across sectors under sustainability reporting obligations, these largely overlook the unique, digital carbon footprint of AI technologies. In the absence of AI-targeted emission tracking protocols, companies can report aggregate emissions while concealing the carbon costs of specific AI models. This creates a troubling accountability vacuum, allowing major technology corporations to sidestep scrutiny and greenwash their AI-driven innovations. Through a comparative legal analysis, this study evaluates existing environmental disclosure regimes—such as the European Union’s Corporate Sustainability Reporting Directive (CSRD), the United States’ SEC Climate Risk Disclosure Rules, and India’s Business Responsibility and Sustainability Reporting (BRSR) framework—to assess how (and if) they can be extended or adapted to mandate transparent AI emissions disclosure. The paper argues for the creation of binding legal instruments that demand granular, model-level carbon reporting, supported by independent third-party verification mechanisms. Furthermore, the research identifies the need for cross-border harmonization of standards, particularly in the face of transnational AI deployment, and proposes a global Digital Environmental Accountability Protocol (DEAP) to regulate AI emissions uniformly across jurisdictions. This paper contributes to the evolving discourse on environmental governance, techno-legal regulation, and climate justice, emphasizing that corporate transparency in AI emissions is not just a regulatory necessity but a moral imperative in the age of accelerating climate change. Only by weaving AI into the fabric of environmental law can we ensure that the future of intelligence is sustainable, ethical, and accountable.1,262 views
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The Role of Dark Web in Facilitating Gender-Based Violence and Cybercrimes: An Analysis
Research Scholar at Faculty of Law, University of Lucknow, IndiaPages 4767 - 4778The dark web poses a significant threat to vulnerable populations, especially women, by enabling various forms of exploitation, including human trafficking, pornography, and cyberbullying. It serves as a vast marketplace for criminals, generating an estimated $500,000 daily. This article explores the mechanisms behind dark web exploitation, its causes, and the challenges faced by law enforcement in combating these crimes. The dark web’s concealed nature offers criminals anonymity, making it exceedingly difficult to trace and prosecute offenders. Recent statistics reveal a concerning trend, with at least 20% of cybercrimes in India involving dark web-related attackers, according to a report by cybersecurity firm Lisianthus. One particularly alarming form of exploitation is revenge porn, which involves the non-consensual distribution of sexual images and videos. Although many such sites have been shut down, the dark web remains a platform for these illegal activities. For instance, "Pink Meth," a site originally on the surface web, transitioned to the dark web, allowing users to submit explicit content anonymously before its seizure. On the surface web, platforms like Google have already removed revenge porn from search results upon request, but such efforts are less effective on the dark web. These statistics underscore the critical need for coordinated action between public and private sectors to protect individuals, particularly children, from online sexual exploitation. The article advocates for international collaboration, advanced technological tools, and the continuous evolution of legal frameworks to tackle dark web exploitation effectively. Additionally, it calls for increased funding for survivor services, a multi-pronged approach to addressing the root causes of exploitation, enhanced prevention strategies, and robust support for victim recovery. Ultimately, the research aims to raise awareness and promote policies that safeguard the online safety and well-being of vulnerable individuals.1,982 views -
Navigating the Data Protection Regime in India through the Lens of Digital Transparency and Accountability
Research Scholar at Faculty of Law, University of Lucknow, IndiaPages 4779 - 4793The Draft Digital Personal Data Protection Rules,2025 and The Digital Personal Data Protection Act, 2023, marks a significant advancement in India's data privacy landscape, emphasizing transparency and accountability in personal data management. They introduce comprehensive measures designed to safeguard individual data while ensuring clear communication from organizations about their data practices. The draft rules were introduced to provide more subsistence to the Act. Under the Act, entities collecting personal data must provide detailed disclosures regarding the data’s collection, usage, and storage. This requirement enhances transparency by allowing individuals to make informed decisions and exercise greater control over their personal information. Accountability is reinforced through several key provisions of the Act. Organizations are mandated to implement stringent data protection protocols, including the designation of Data Protection Officers and adherence to prescribed data security standards. The Act also establishes the Data Protection Board of India, which is empowered to address grievances and enforce compliance, thereby holding organizations accountable for breaches and non-compliance. The imposition of substantial penalties for violations further underscores the Act’s commitment to enforcing data protection norms. The Act’s implementation is expected to lead to a more transparent environment, where individuals are better informed about their data and organizations are more accountable for their data practices. However, it may also present challenges, particularly for smaller businesses that could face increased compliance costs and operational adjustments. Overall, the Digital Personal Data Protection Act, 2023, aims to align India’s data protection framework with global standards, fostering a more trustworthy and accountable digital ecosystem while balancing the interests of both consumers and businesses.1,202 views -
Pages 4794 - 4805This paper critically examines the Surrogacy (Regulation) Act (2021) and its impact on surrogacy practices in India, particularly the rise of covert surrogacy arrangements following the prohibition of commercial surrogacy. By analyzing the historical context of surrogacy in India and the legal framework of the SRA 2021, this article aims to explore how the Act's restrictive measures have led to unintended detrimental consequences. While current legislation seeks to protect surrogate mothers from exploitation through commercial surrogacy agreements, this has uncalculatedly driven the industry underground, causing more harm than good. Additionally, this paper examines cross-border legal disputes, shedding light on issues of conflicting parentage and citizenship laws, which have rendered children born via surrogacy in a state of legal uncertainty. Indicating that a more equitable and rights-oriented approach to surrogacy regulation is required for better management of this practice. Instead of an outright ban, a regulated system that ensures ethical oversight, safeguards surrogate rights, and enforces contractual protections would be more effective. By offering policy recommendations to address the enforcement gaps and legal ambiguities created by the SRA 2021, this paper advocates for a framework that upholds both reproductive autonomy and ethical protections in surrogacy arrangements.1,378 views
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Pages 4806 - 4824The rapid proliferation of digital commerce in India, driven by affordable internet access, smartphones and fintech innovation, has transformed consumer behavior and transaction patterns. While digital transactions offer unprecedented convenience, they have also introduced a complex array of risks, including data breaches, misleading advertisements, identity theft, and inadequate redressal mechanisms. This paper critically examines India’s legal and regulatory framework aimed at safeguarding consumer rights in the digital economy. The Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 mark a significant step forward in recognizing and addressing challenges unique to digital transactions. Supplementary provisions under the Information Technology Act, 2000 and sector-specific regulations by the RBI, SEBI, and TRAI collectively aim to ensure transparency, grievance redressal, and cybersecurity. However, persistent legal gaps undermine these protections, notably the delayed implementation of the Digital Personal Data Protection Act, 2023, weak enforcement capacity, inadequate regulation of emerging technologies like AI and dark patterns, and poor consumer awareness, especially in rural and semi-digital regions. The article also evaluates judicial trends and regulatory interventions that have attempted to expand platform accountability and streamline dispute resolution. By drawing on international models such as the EU’s GDPR and Digital Services Act, and the U.S. FTC framework, the paper identifies best practices that can inform India’s future regulatory design.825 views
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Struggle for Dalit’s Social Justice in India: A study of Dr. Bhimrao Ramji Ambedkar
Assistant Professor at Department of Political Science, Cooch Behar Panchanan Barma University, IndiaPages 4825 - 4834Dr. Bhimrao Ramji Ambedkar (1891- 1956) was an Indian jurist, economist, social reformer and a leader of depressed classes people. He advocated social justice as a means to create an ideal or just society based on equity, liberty, and fraternity in India. He mobilized Dalit with the motto "educate, agitate and unite" and inculcate in their minds the values of self-respect, dignity, and an urge to fight for their rights. To free the depressed classes from the bondage of caste hierarchy he sought them an ideal religion. For envisioning a just society, his drafting of the Indian Constitution was a remarkable for the social justice of Dalit. Dr. Bhimrao Ramji Ambedkar stands as one of the most significant architects of modern India’s socio-political landscape. As the chief architect of the Indian Constitution, his life’s work was dedicated to the upliftment of the Dalits (formerly known as "untouchables") and other marginalized communities. This paper explores the concept of social justice for Dalits in India through the lens of Dr. B. R. Ambedkar’s activism, ideology, and institutional contributions.800 views